Only Some of the Claims are Invalid
Patently O
MARCH 20, 2023
3d 1333, 1342 (Fed. Normally, collateral estoppel only applies to issues actually litigated, but in the patent context, the Federal Circuit has ruled that it may also apply to non-litigated claims when the differences do not “materially alter the question of invalidity.” ” Ohio Willow Wood Co. Alps South, LLC, 735 F.3d
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