Issue Preclusion Means One Strike and You Are Out
While issue preclusion means one strike and you are out, a court might need to call a few balls before calling the strike that ends the case.
Jason Balich counsels the firm’s clients and represents them in patent, trade secret and commercial litigation matters before district courts around the country, the International Trade Commission, and the Patent Trial and Appeal Board (PTAB) in post-grant matters such as inter partes reviews. Jason’s counseling and litigation experience spans a diverse set of subject matters including pharmaceuticals, biotechnology, biosimilars, medical devices, data storage media, electro-hydraulic devices and consumer electronics.
View profileWhile issue preclusion means one strike and you are out, a court might need to call a few balls before calling the strike that ends the case.
Recently, the United States District Court for the District of Massachusetts held a webinar in which several judges discussed their experiences from the first few criminal jury trials that the Distric...
There is always a danger in raising an argument for the first time on appeal. The Federal Circuit’s recent decision in Boston Scientific Neuromodulation v. Nevro (No. 2019-1584) provides yet another e...
(as published by ITC TLA) In the Matter of CERTAIN DATA TRANSMISSION DEVICES, COMPONENTS THEREOF, ASSOCIATED SOFTWARE, AND PRODUCTS CONTAINING THE SAME, Inv. No. 337-TA-1150, Order Denying Requests Fo...
(as published by ITC TLA) DBN Holding, Inc. v. Int’l Trade Comm’n, No. 2017-2128, 2018 WL 6181653 (Fed. Cir. Nov. 27, 2018) Summary: In a non-precedential opinion, the Federal Circuit held that the Co...