estoppel

Collateral estoppel precludes relitigation of an issue in a subsequent, different cause of action between the same parties when the prior proceeding culminated in a valid final judgment and the issue was actually and necessarily determined in that prior proceeding. Complete access to news articles on ...

In an order issued on April 4, 2018, Judge Lynn granted plaintiff ZitoVault's motion for summary judgment under 35 U.S.C. 315(e)(2), holding that defendant IBM is estopped from asserting invalidity defenses based on prior art known to IBM when it filed its first petition for inter partes review. ZitoVault sued ...

The High Court has ordered that the daughter of a Yeovil farmer should receive £1,17m from her father's estate worth approximately £2.5m. The content of this article is for general information only.Frank and Jane had a son and three daughters. The youngest, Lucy, had worked on the 220-acre Woodrow ...

The test for testamentary capacity has received significant attention recently; most notably, as part of the Law Commission's consultation on reforming the law of wills, which was issued on 13 July 2017. The case of James v James, heard earlier this year, is a case in point. The testator, Charles Frederick ...

In Solutran, Inc. v. U.S. Bancorp & Elavon, Inc., No. 13:cv-02637, 2018 WL 1276999 (D. Minn. Mar. 12, 2018), the court denied the plaintiff's Motion in Limine and held that CBM estoppel does not apply to related applications where the reference provides new disclosures or features that could not have been ...

The court in Koninklijke Philips N.V. v. Wangs All. Corp., No. 14:cv-12298, 2018 WL 283893 (D. Mass. Jan. 2, 2018) denied summary judgement of no invalidity, finding that the Federal Circuit's holding in Shaw forecloses a broad reading of the estoppel provisions under 35 U.S.C. §315(e)(1) & (2).

Negligence : Legal Malpractice – Collateral Estoppel – Prejudgment Interest. By: Stephanie Maniscalco stephanie.maniscalco@molawyersmedia.com April 12, 2018. Juan v. Growe (MLW No. 71541/Case No. ED105752 – 21 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Subscribe; Login.

On March 3, 2018, Judge Nelson of the District of Minnesota issued an order explaining the scope of estoppel resulting from a Covered Business Method (CBM) review. Solutran, Inc. filed suit against U.S. Bancorp, Inc. in the District of Minnesota for infringement of U.S. Patent No. 8,311,945 (the "'945 ...

Relevant here, there is an estoppel provision, which specifies that where an IPR “results in a final written decision” on a patent claim, the petitioner (and those in privity) may not assert a claim of invalidity in a district court case or U.S. International Trade Commission proceeding against that patent claim “on ...

Noting its own lack of clarity on the subject, the U.S. Court of Appeals for the Second Circuit on Friday set down its views on the proper use of judicial estoppel. “It's time to put uncertainty to rest: today we hold that a district court's invocation of judicial estoppel is reviewed on for abuse of discretion,” the ...

Where a plaintiff trust has claimed a prescriptive easement over a neighboring lot, the defendant neighbors must be awarded summary judgment based on a contrary position taken by the plaintiff in prior litigation. “This action acts, perhaps, as a coda to the long ongoing dispute between John Schey and ...

Balletine's Law Dictionary says that equitable estoppel applies “in a situation in where, because of something which he has done or omitted to do, a party is denied the right to plead or prove an otherwise important fact.” In family law it is typically relevant in cases addressing the parentage of a child. Another ...

Where the decedent's holographic will directed the defendant-executrices to pay “the note @ BB&T that's in my sister Peggy's name,” and where the executrices filed an affidavit with the clerk of court averring that the estate had no creditors, the executrices are estopped from arguing in this case that the ...

Collateral estoppel bars re-litigation of an issue in a new action arising between the same parties or their privies when the earlier proceeding resulted in a valid final judgment and the issue in question was actually and necessarily determined in that prior proceeding, unlike res judicata, which precludes ...

There is no doubt that “the potential for estoppel is one of the important considerations for defendants in deciding whether or not to file an [inter partes review (“IPR”)] petition.” Shaw Indus. Grp., Inc. v. Automated Creel Sys., Inc., 817 F.3d 1293, 1305 (Fed. Cir. 2016) (Reyna, J., concurring). For IPR petitions ...

Construing Claims: In a 2011 decision, the Federal Circuit construed the claims of Knowles Electronics' U.S. Patent No. 6,781,231, including the claim term “package” as used in the claimed microelectromechanical system to mean a “self-contained unit that has two levels of connection, to the device and to ...

Where a jury could have acquitted the defendant of murder based on the theory that suggested that multiple guns were involved in the shooting, that decision did not collaterally estop the state from trying the defendant on a charge of being an armed habitual criminal.The 7th U.S. Circuit Court of Appeals ...