Claim Preclusion vs. Issue Preclusion When Asserting the Same Patent Against New Products

Corporate Counsel
September 23, 2016

After winning liability in an infringement case, a patent holder may try to include additional products made by the defendant that were not originally part of the case in the potential damages case. One way to ensure that such products do not slip through the cracks is to bring another action against the same defendant alleging infringement of the same patent by the additional products. But when a patent holder files such a subsequent case, there are two preclusion doctrines that both the patent holder and the defendant may need to take into account: claim preclusion and issue preclusion.

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