Federal Circuit’s Unique Preclusion Principle

I previously wrote about Chrimar’s petition for writ of certiorari on the Federal Circuit’s unique doctrine of retroactive revocation of final judgments.  The basics are: Once affirmed on appeal, a PTAB decision cancelling patent claims will effectively reverse and vacate any prior judicial final decisions of liability and damages so long as some aspect of the prior infringement lawsuit is still pending (typically in the form of a pending appeal on other grounds).

Whether the Federal Circuit may apply a finality standard for patent cases that conflicts with the standard applied by this Court and all other circuit courts in non-patent cases.

Petition for Certiorari.

The court’s approach was originally solidified in Fresenius USA, Inc. v. Baxter International, 721 F.3d 1330 (Fed. Cir. 2013).  That decision is now one of the most cited Federal Circuit opinions of the past decade.

Now, three amicus briefs have been filed in support of the petition:

• US Inventor: The “Court’s Fresenius line of precedent … improperly usurps a procedural issue from the regional circuits.” [Brief]
• The Naples Roundtable: “The Federal Circuit’s self-coined “Fresenius/Simmons preclusion principle” is unique to patent law, is contrary to the preclusion principles of other circuits, and is contrary to the Restatement of Judgments.

Continue reading Federal Circuit’s Unique Preclusion Principle at Patently-O.