Sentences with phrase «preclusion applies»

Of course, B&B Hardware makes clear that the determination whether issue preclusion applies will be assessed by district courts on a case - by - case basis.

Not exact matches

As a general rule, claim preclusion only applies to the original parties to the lawsuit, or those very closely related.

Ann Jacobs is not closely related to either Jane or Dear Author, and so I'm a little foggy as to how claim preclusion would apply here.

Ultimately, it is unclear whether the different claim construction standards applied will prove substantial enough to prevent issue preclusion in later district court patent infringement actions.

Because the TTAB may not always consider actual marketplace usage, the Court found that «for a great many registration decisions issue preclusion obviously will not apply.»

In his dissenting opinion joined by Justice Antonin Scalia, Justice Clarence Thomas expressed doubt that «Congress intended administrative preclusion to apply to TTAB findings of fact in a subsequent trademark infringement suit,» based on the history of administrative preclusion and both the express language and «several features» of the Lanham Act, including that the Act confers limited authority on the TTAB and provides for judicial review of the Board's decisions.

This depends upon when a concept analogous to the principle of collateral estoppel (also known as «issue preclusion») in civil cases, in which facts previously litigated can bind a party in a later lawsuit, with or without constitutional double jeopardy dimensions, applies in criminal cases.

No equitable or due process exception to issue preclusion is here asserted; thus preclusion should apply.

In other words, preclusion would not apply unless the stockholder in the first case had been empowered by either a court or the board to assert the corporation's claims.