The doctrine of res judicata, also known as claim preclusion, bars relitigation of claims that were, or could have been, asserted in a previous case. Questions concerning its application periodically arise in intellectual property cases, where products are constantly evolving and injunctions are no longer issued as a matter of course. In such cases, questions may also arise as to the effect a prior settlement agreement may have on a later lawsuit against products that are essentially the same as those in the case that was ultimately settled. The Federal Circuit recently shed light on these issues.

Seminar Information
Seminar Date:
May 01, 2012
A Claim of Patent Infringement May Be Brought Against New Products that Did Not Exist When an Earlier Lawsuit Was Filed Even Though Similar Claims Were Asserted Against Similar Accused Products in the Earlier Lawsuit.
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