Office Depot Says Federal Circuit Did Not Create New Preclusion Rule In Patent Suits
Mealey's (December 28, 2015, 12:56 PM EST) -- WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals did not create a new preclusion rule or err in applying a 108-year-old precedent to bar allegations that a computer filing system patent was infringed, Office Depot Inc. and other retailers argue in a Dec. 2 opposition brief to the U.S. Supreme Court (SpeedTrack, Inc. v. Office Depot, Inc., et al., No. 15-461, U.S. Sup.).
(Respondents’ opposition brief available. Document #78-160105-002B.)
Relying on the Kessler doctrine, established in Kessler v. Eldred (206 U.S. 285 ), the...