University of Illinois Foundation v. Blonder-Tongue Laboratories, Inc.

This is an appeal from a judgment, on remand from the Supreme Court, that plaintiff patent owner is estopped, by a prior adjudication of invalidity, from asserting the validity of its patent in this action. The decision of the district court is reported, 1 and sets forth the history of this litigation and the reasons, consistent with the decision of the Supreme Court, 2 for sustaining the defense of collateral estoppel.

We adopt the opinion of the district court, adding the following comments:

On oral argument on appeal, plaintiff stressed its claim that although the courts which decided…