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Patent Law at the Supreme Court February 2022

Patently-O

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The settlement also included a license to thousands of Qualcomm patents. Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury.

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Preclusion; Customer Lawsuits; and the Kessler Doctrine

Patently-O

As an example, issue preclusion does not attach following a settlement. Kessler Doctrine is particular to patent law and falls somewhere in-between issue and claim preclusion–allowing preclusion in instances where it would not be traditionally available. That revival began with the 2014 decision in Brain Life, LLC v.