Res Judicata Does Not Bar Litigation On Post-Settlement Products, Panel Rules

Res Judicata Does Not Bar Litigation On Post-Settlement Products, Panel Rules

WASHINGTON, D.C. - Although a Federal Circuit U.S. Court of Appeals panel held that an eyeglass maker was precluded from bringing new patent infringement claims based on amended claims that "are not materially different" from claims that were at issue in a previous lawsuit, the panel in a March 14 opinion held that the doctrine of res judicata did not bar claims based on new allegedly infringing products that were not covered by an earlier settlement (Aspex Eyewear, et al. v. Marchon Eyewear Inc, et al., No. 2011-1147, Fed. Cir.; 2012 U.S. App. LEXIS 5371).

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