"Judge O’Malley states that she is “reassured” by the understanding that the USPTO Board decision does not “alter the binding effect of a prior judgment in a judicial proceeding.” She cites the USPTO’s brief for the proposition that:
If a federal court awards relief to a patent holder against an infringer, a subsequent reexamination decision that the patent is invalid does not disturb the judgment of the court or alter its binding effect on the parties.
Thus, according to Judge O’Malley, “principles of res judicata will govern the continuing relationship between the parties to any court proceeding and will dictate whether the PTO’s reexamination ruling will have any impact on them going forward.”"
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