difference between claim preclusion
and issue preclusion is meaningful.
When a patent is adjudged not invalid on any single ground in the first case, and different invalidity contentions are raised in the second case, the court should apply claim preclusion
rather than issue preclusion.
1984) ("[T]he term 'res judicata' is used generically to refer to both collateral estoppel, or issue preclusion, and res judicata, or claim preclusion
The court began by discussing Mason's arguments in favor of claim preclusion
, where she argued that the instant action was barred on the grounds of res judicata, collateral estoppel, claim-splitting, and the Full Faith and Credit Clause of the U.S.
A claim preclusion
impede a rediscussao de um pedido ja julgado, tornando imutavel (preclusion) a decisao a respeito da pretensao (claim) formulada pelo autor.
The arbitrator decided that claim preclusion
did not apply because the Cirilli plaintiffs had not shown privity with the Reis plaintiffs.
A broad rule of claim preclusion
will encourage a claimant to put everything before the first court, while a narrower rule might result in unasserted matters never having to be litigated at all.
terminology, "claim preclusion
" refers to the effects of a former judgment on a second action, when the second action proceeds on all or part of the claim that was the subject of the first action.
[paragraph]48 Finally, in what was perhaps the straw that broke the camel's back, the ALJ denied Toyota's renewed motion for summary determination that the ITC investigation was barred by claim preclusion
. (114) This doctrine prevents relitigation of a prior claim, including issues that were or could have been raised in previously decided action, unless an exception to the rule applies.
Protecting Clients from the Effects of Claim Preclusion
and whether the application of claim preclusion
would defeat the
2006) ("[T]he defense of claim preclusion
will generally be available where the asserted claim was, or could have been, raised in a prior action between the parties which has been adjudicated on the merits.")).