Tag Archives: estoppel

PTAB Estoppel Thwarts Post-Trial Invalidity Consideration

Timing of Estoppel Unimportant Last week in Novartis Pharmaceutical Corp. v. Par Pharmaceutical Inc., Nos. 14-1289-RGA, 14-1494-RGA, 15-0078-RGA (D. Del. Apr. 11, 2019), (here) the court addressed a motion to estop defendants from asserting invalidity arguments based on prior art references already … Continue reading

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Tenure may be acquired by estoppel

Tenure by estoppel Wilson v Department of Educ. of the City of N.Y., 2019 NY Slip Op 01161, Appellate Division, First DepartmentAn employee may attain tenure by estoppel as the result of the appointing authority's failing to provide the individual with … Continue reading

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Applying the Doctrine of Collateral Estoppel

Applying the Doctrine of Collateral EstoppelRoth v. County of Nassau, United States Court of Appeals, Second Circuit, Index#18-966-cv, Summary orderRulings by summary order do not have precedential effect.Craig Roth appealed the federal district court's granting summary judgment dismissing his claims … Continue reading

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Defensive Collateral Estoppel Applies Only if Essentially Identical Accused Product Found Non-infringing

In its opinion, the Federal Circuit explained that defensive collateral estoppel of non-infringement applies in very limited circumstances where “a close identity exists between the relevant features of the accused device and the device previously determined to be non-infringing such … Continue reading

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Appellant’s Claim Barred Due to Res Judicata, Collateral Estoppel

Matter of A. NY Slip Op 05842 The co-executor of the estate petitioned the court pursuant to 2103 to determine if certain funds were withheld from the estate of A. This appeal is from 2 Surrogate Court orders brought by … Continue reading

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