Collateral Estoppel Beats Precedent Every Time
Patently O
DECEMBER 11, 2022
.” As to waiver based upon the “not binding” statement from Motorola, the Federal Circuit concluded that the intent of that statement was with reference to stare decisis and binding precedent rather than binding as a matter of preclusion. “[W]e have discretion to excuse any forfeiture.” ” Id.
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