Topic
Collateral Estoppel
112 published works
Zalma on Insurance
Res Judicata Produces Certainty
By Barry Zalma
You Only Get One Chance to Sue Litigation is a Win or Lose Proposition. Post 5484 In David Cromp v. Johnny Harkrider, Monique Harkrider, and their Marital Community, dba Able…
PTABWatch
Federal Circuit Ignores Precedent, Applies Collateral Estoppel
In mCom IP, LLC v. City National Bank of Florida (Fed. Cir. May 15, 2026), the Federal Circuit affirmed a district court decision dismissing mCom’s patent infringement complaint under Rule…
Ex Libris Juris
Res Judicata or How the Law Prevents “Groundhog Day” in Court
Image Source: Nano Banana/Google Gemini AI In the 1993 movie Groundhog Day, Bill Murray’s character wakes up at 6:00 am, with “I’ve Got You, Babe” playing on his clock radio,…
PTAB Litigation Blog
Collateral Estoppel May Not Apply When Claim Interpretation Standards Differ
Visit Jones Day's PTAB Litigation blog at www.ptablitigationblog.com. By Thane Bonnett* and Matt Johnson – In its recent decision in RØDE Microphones, LLC et. al. vs. Zaxcom, Inc., the PTAB…
New York Attorney Malpractice Blog
New Evidence, New Case
Babad v Oratz 2025 NY Slip Op 05490 Decided on October 8, 2025 Appellate Division, Second Department is short and to the point. New evidence, obtained after dismissal of the…
Commercial Case Notes
Collateral Estoppel Does Not Bar Claim Based on Facts Discovered After Judgment in Earlier Case
By John Lundin
On October 8, 2025, the Second Department issued a decision in Babad v. Oratz, 2025 NY Slip Op. 05490, holding that collateral estoppel does not bar a claim based on…
PTABWatch
Court Limits Collateral Estoppel Based on PTAB Decisions
In ParkerVision, Inc. v. Qualcomm Inc., No. 2022-1755, -2221 (Fed. Cir. Sept. 6, 2024) (“ParkerVision III”), the Federal Circuit held that, due to the difference in burdens of proof in…
Drug & Device Law
Federal Subpoena Power is Limited and Does Not Bend to Convenience
Remember the case we told you about last week where the court shutdown plaintiff’s attempt to use non-mutual offensive collateral estoppel? Well, that wasn’t that plaintiff’s only loss that week. …
Drug & Device Law
Hip Implant MDL Remand Court Denies Plaintiff’s Request for Nonmutual Offensive Collateral Estoppel
Coblin v. Depuy Orthopaedics, Inc., 2024 U.S. Dist. LEXIS 62114 (E.D. Kentucky April 4, 2024) is the ultimate dodged bullet. It is part of a multidistrict litigation. That’s bad enough. Then…
Intellectual Property Law Blog
Federal Circuit Vacates Invalidity Judgement Based on Collateral Estoppel from a Case Subsequently Vacated and Rebukes Plaintiff’s About-Face on Its Stipulated Claim Construction
By Fred Chung, Eric Gill
In Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc., No. 2022-1048 (Fed. Cir. Oct. 13, 2023), the Federal Circuit vacated a summary judgement of invalidity based on collateral estoppel, where…