· 5/13/2008
ACUMED LLC v. Stryker Corp.
Citations
- 525 F.3d 1319
- 86 U.S.P.Q. 2d (BNA) 1950
- 2008 U.S. App. LEXIS 10244
- 2008 WL 2020534
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a claim is not barred by claim preclusion “merely because it could have been” raised in a prior action
- stating that “claim preclusion does not apply unless the accused device in the action before the court is ‘essentially the same’ as the accused device in a prior action between the parties that was resolved by a judgment on the merits”
- applying Federal Circuit law to determine whether two claims for patent infringement are identical for claim preclusion purposes
- stating the Federal Circuit is guided by the Restatement “[i]n applying the doctrine of claim preclusion”
- “In apply ing the doctrine of [claim] preclusion, 29 this court is guided by the Restatement (Second) of Judgments”
- “Typically, claim preclusion is applied against a plaintiff who brings a second action related to an earlier action”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Gajarsa, and Linn, Circuit Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.