PO Collaterally Estopped From Asserting Related Patents, PTAB Litigation Blog

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A recent case in the Northern District of Illinois addressed the issue of collateral estoppel in connection with patents that were similar to those previously cancelled by the PTAB:  In Think Prods., Inc. v. Acco Brands Corp., No. 1:18-cv-07506, ECF No. 85 (N.D. Ill. Oct. 8, 2020) (Wood) (the “Order”).

Here, the plaintiff asserted U.S. Patent Nos. 9,562,375 (“‘375 patent”) and 10,125,523 (“‘523 patent”) which are directed to products designed to lock laptops, tablets, and other electronic devices to stationary objects, such as desks.  The defendants had previously and successfully moved for summary judgment invalidating the ‘375 and ‘523 patents on the basis that the plaintiff collaterally estopped from pursuing this action because the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office invalidated similar patents owned by the plaintiff for obviousness: U.S. Patent Nos. 8,717,758 (“‘758 patent”) and 8,837,144 (“‘144 patent”).

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