Federal Circuit Affirms Preclusion of WARF's Infringement Claims Against Apple: A Landmark Decision on Issue Preclusion and the Kessler Doctrine

The Federal Circuit's ruling affirms that strategic litigation planning is critical, as it barred WARF from pursuing doctrine of equivalents claims against Apple after failing to prove literal infringement.

The court's decision illustrates the significant impact of abandoning the doctrine of equivalents theory, highlighting the risks involved in litigation strategy and the advantages afforded to accused infringers.

In particular, the expansion of issue preclusion and the Kessler doctrine reinforces the notion that once a decision is rendered, it can limit the ability of a party to make further claims in related cases.

Apple's tactical admissions regarding the similarities between its processor versions demonstrated a master class in litigation strategy that ultimately favored its position against WARF.

Read at Patently-O