1. Home
  2. |Insights
  3. |District Court's Markman Ruling Has No Preclusive Effect On PTO Reexam

District Court's Markman Ruling Has No Preclusive Effect On PTO Reexam

Client Alert | 1 min read | 08.24.07

The Federal Circuit, in In Re Trans Texas Holdings Corp., (No. 2006-1559, -1600, Aug. 22, 2007), affirms a Board's Reexamination decision that found that each of the claims of two related patents were invalid under 35 U.S.C. § 103(a) as obvious over the prior art. The Court rejects the appellant's argument that the Board should have given preclusive effect to a district court's Markman order, which had construed the claims in their favor in a prior litigation. The Court holds that issue preclusion is not warranted because the PTO was not a party to the earlier litigation, and as a result, did not have a "full and fair opportunity" to litigate the claim construction issues.

Insights

Client Alert | 3 min read | 04.04.25

GAO Finds Authority to Use Noncompetitive Procedures Is Not Carte Blanche

Most protests involve competitive procurements and the many rules governing how agencies are to conduct such procurements. In certain circumstances, agencies are permitted to bypass some of these rules and limit competition. But, as GAO noted in a recently issued sustain decision, the authority to use noncompetitive procedures does not provide the agency carte blanche....