Sentences with phrase «preclusive on»

District Court's Fee Entitlement Ruling Was Preclusive On Fees, But Not Necessarily On Routine Costs Recovery.

Not exact matches

Finally, the New Mexico court held that a subsequent change in law does not limit the preclusive effect of a prior decision on the merits.

Depending on what these provisions say, they are known as preclusive clauses, finality clauses, privative clauses or exclusive jurisdiction clauses.

The panel also questioned counsel on the preclusive effect a decision by either the PTAB or a district court could have over a proceeding involving the same patent in the other forum.

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.

In B&B Hardware, Inc. v. Hargis Industries, Inc., [14] which considered the preclusive effect of fact finding in proceedings before the Trademark Trial and Appeal Board, the Court rejected categorical rules governing the doctrine of issue preclusion based on administrative agency rulings.

While precedent has previously addressed the effect of a prior district court claim construction on a subsequent PTO proceeding, never before has a final claim construction by this court been held not to be preclusive.

«the party seeking review here might prevail [in the state court] on the merits on nonfederal grounds, thus rendering unnecessary review of the federal issue by this Court, and where reversal of the state court on the federal issue would be preclusive of any further litigation on the relevant cause of action...»