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Under the applicable law, a nonparty to a prior action is bound by the judgment in that action if the non-party controlled-or had the opportunity to exercise control over-the defense of that action. Accordingly, the issue for the Board to decide here is whether Petitioner could be bound by the judgment in the Oklahoma case as a matter of collateral estoppel.
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The concept refers to a relationship between the party to be estopped and the unsuccessful party in the prior litigation which is sufficiently close so as to justify application of the doctrine of collateral estoppel.ħ7 Fed. Privity is essentially a shorthand statement that collateral estoppel is to be applied in a given case.
#Transdata inc vs. scott h. hammond trial#
The Board therefore considered whether privity exists between Petitioner and OG&E.Īs explained in the Office Trial Practice Guide, More than a year earlier, Plaintiff served a complaint alleging infringement of the ’713 patent to Oklahoma Gas & Electric Co. The Petition in this proceeding was filed on Sept. § 315(b), which provides that an inter partes review may not be instituted based on a petition “filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent.” The Board began its analysis by considering Patent Owner’s argument that inter partes review is barred by 35 U.S.C. In its Decision, the Board denied Petitioner’s request to institute an inter partes review of claims 1-27 of U.S. Takeaway: The Board cannot institute an inter partes review where the petitioner had the opportunity to substantially control another party’s defense against a complaint alleging infringement of the challenged patent if the complaint was served more than one year before the petition was filed.
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#Transdata inc vs. scott h. hammond how to#
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