United States Federal Circuit

Dismissal of a second patent infringement suit between the parties, on the same patent based on amended claims resulting from a re-examination of the plaintiff's patent relating to an ophthalmic solution for eye drops, is affirmed, where plaintiff's action for infringement was properly dismissed as barred by claim preclusion because claims in this case that emerged from reexamination do not create a new cause of action that did not exist before.

Appellate Information

• Decided 03/31/2014
• Published 03/31/2014

Judges

• PLAGER

Court

• United States Federal Circuit

Counsel