Russell

Submitted by boden-davidson on Mon, 2010-01-25 16:29

Tags:

claim preclusion

first action was for damages, and the defendant was happy to pay the judgment and then continue to infringe on the patent. The defendant in the first action had argued that there was "want of novelty" in the invention and that it had been in the public domain, defendant was not able to prevail on these defenses; so plaintiff can argue that defendant cannot bring new defenses in the second suit.

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