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Civil Procedure Keyed to Field
Blonder-Tongue Laboratories v. University of Illinois Foundation
Facts
Plaintiff sued a third party for patent infringement and the court found the patent to be invalid. Nevertheless, Plaintiff then brought suit against Defendant, alleging infringement of the same patent. Precedent held the relitigation of the patent’s validity would not be barred by the previous finding, because it was a patent action. The trial and appellate court applied this precedent and allowed the suit to continue. The Supreme Court granted certiorari in order to readdress the issue from Triplett v. Lowell, 297 U.S. 638 (1936).
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