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Federal Circuit Reverses Court, Revises Swagway v. ITC Opinion to Vacate Holding on Preclusive Effect of ITC Decisions

In an opinion issued in May of this year, the Federal Circuit ruled for the first time that the ITC’s decisions regarding trademark disputes—just like its determinations on patent issues—do not have any preclusive effect on subsequent district court proceedings.

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Heightened Pleading Standard of Fed. R. Civ. P.9(b) Applied to False Marking Claims

Practices: Intellectual Property

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