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Message: Re: Tomb - Ease- kidd-borredo

Dec 23, 2007 02:25PM
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Dec 23, 2007 04:35PM

Dec 23, 2007 04:37PM

"and the positive past markman rulings will be there for future use."

FWIW...I wondered about this and asked a patent attorney if the Markman could be used in future court cases. It appears that the ansyer is maybe yes, maybe no.

Patent Attorneys Response: 

The short answer is maybe.  The Markman, under certain circumstances, can be used in another case....though not always.  There are a number of factors the court will consider in determining the effect of a prior Markman ruling ... 

1.The issue raised in the current proceeding must be identical to the
one decided in the first action;
2.That issue must have been actually litigated in the first action;
3.Resolution of that issue must have been essential to a final judgment
or ruling in the first action; and
4.The plaintiff must have had a full and fair opportunity to litigate
the issue in the first action.

Good luck to you, me, us, and all longs.

 


Dec 23, 2007 04:43PM
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