United States Federal Circuit

Where a term was not in dispute in a prior case and the district court-s discussion of the term was simply to give context to the discussion of other, disputed terms, the plaintiff may not rely on res judicata as to construction of the newly disputed term.

Appellate Information

• Decided 02/13/2001
• Published 02/13/2001

Judges

• LINN, Circuit Judge., Before SCHALL, BRYSON, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Theodore F. Shiells, Gardere & Wynne, L.L.P., of Dallas, TX, argued for plaintiff-appellant.   With him on the brief was Edward Jorgenson.


• For Appellees:
  
• Mark J. Patterson, Waddey & Patterson, of Nashville, TN, argued for defendant-cross appellant.   With him on the brief was Edward D. Lanquist, Jr.