Does res judicata apply in patent reexamination proceedings?
Res judicata, or claim preclusion, generally does not apply in patent reexamination proceedings. The MPEP § 2259 states: “A rejection on the grounds of res judicata will not be appropriate in reexamination.” This is because one of the essential elements of res judicata is the involvement of the same parties, and the USPTO is not…
Read MoreIs res judicata applicable in patent reexamination proceedings?
No, res judicata (claim preclusion) is generally not applicable in patent reexamination proceedings. MPEP § 2659 states: “The doctrine of res judicata based on a court holding in an infringement proceeding is not applicable in reexamination proceedings, because the Office was not a party to the litigation.” This means that even if a court has…
Read MoreWhat is the significance of the In re Construction Equipment Company case for reexamination proceedings?
The case of In re Construction Equipment Company, 665 F.3d 1254, 100 USPQ2d 1922 (Fed. Cir. 2011) is significant for reexamination proceedings as it reinforces the principle that neither claim preclusion (res judicata) nor issue preclusion (collateral estoppel) typically bar reexamination. According to MPEP § 2659: “See also In re Construction Equipment Company, 665 F.3d…
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