3D Cinema Systems: ITC Declines To Apply Issue Preclusion Based On PTAB's IPR Decision

In 3D Cinema Systems (Inv. 939), the Commission issued an opinion that explained why it did not give deference to a decision of invalidity by the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR).

As we previously reported, certain claims of the asserted U.S. Patent 8,220,934 were found unpatentable by the PTAB while the Commission was reviewing the ALJ's final Initial Determination (ID). The Commission suspended enforcement of the limited exclusion order and cease-and-desist order with respect to those claims, pending appeal to the Federal Circuit of the PTAB's final written decision.

In the public version of the Commission's opinion, issued on August 23, 2016, the Commission took care to explain why it did not apply issue preclusion to give deference to the PTAB's final decision. Under the doctrine of issue preclusion, also known as collateral estoppel, a court or agency decision in prior litigation can have preclusive effect in subsequent