The long - term impact of this statement will need to observed, to see whether PTAB rulings on factual issues are given preclusive effect in subsequent federal court litigation. (brookskushman.com)
The Supreme Court noted that, in many situations, differences between administrative and federal court proceedings will prevent preclusive effect. (brookskushman.com)
In B&B Hardware v. Hargis Industries, the Supreme Court held that, under some circumstances, determinations by the USPTO Trademark Trial and Appeal Board could have preclusive effect in subsequent federal court litigation involving the identical issue. (brookskushman.com)