Message: e.Digital Infringement Cases - Docket Reports for Open Cases 06/23/2013
In addition, the dual standard of claim interpretation resulting from the power to amend claims conflicts with the current Congressional effort to codify a principle of collateral estoppel.88 Collateral estoppel only makes sense when it precludes multiple dis-
utes from arising over the same facts and under identical principlesof law. However, under the current dual standard of claim interpretation,
reexamination and litigation are, as the Federal Circuit
stated in In re Etter, "distinct proceedings, with distinct parties,purposes, procedures, and outcomes."89 This distinctiveness-
which results from the power to amend-calls into question the appropriateness of applying a principle of collateral estoppel to both proceedings.
Without the power to amend, reexamination becomes a more useful procedure. Because the PTO and courts would apply the same rules of interpretation, doctrinal confusion would be minimized.But more importantly, reexamination would then give patentees and third parties a more accurate preview of validity litigation.Such a preview might help parties negotiate rather than litigate their disputes, thus reducing the "lengthy and expensive"
patent litigation at which Congress originally took aim.'
reexamination and litigation are, as the Federal Circuit
stated in In re Etter, "distinct proceedings, with distinct parties,purposes, procedures, and outcomes."89 This distinctiveness-
which results from the power to amend-calls into question the appropriateness of applying a principle of collateral estoppel to both proceedings.
Without the power to amend, reexamination becomes a more useful procedure. Because the PTO and courts would apply the same rules of interpretation, doctrinal confusion would be minimized.But more importantly, reexamination would then give patentees and third parties a more accurate preview of validity litigation.Such a preview might help parties negotiate rather than litigate their disputes, thus reducing the "lengthy and expensive"
patent litigation at which Congress originally took aim.'
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