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Gold49er

05/25/17 3:30 PM

#166099 RE: 4sleddogs #166095

Prior PhoneFactor Markman hearing may Stand.


In which case the Defence Loses that quickly.

Finally decesion on that Rests with The Court on a Case-by-Case Basis

However, since the Federal Circuit currently applies regional circuit law to the procedural aspects of issue preclusion, the question of whether or when Markman orders are sufficiently final for issue preclusion to apply most likely will continue to be decided on a case-by-case basis.


http://www.mccarter.com/Issue-Preclusion-of-Prior-Claim-Construction-Rulings-As-Easy-As-1-2-3-and-4-05-25-2010/