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· 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 CourtListener

Sourced 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.