Colorado District Court granted, in part, defendant Trans Ova’s motion to dismiss plaintiff XY’s patent infringement claims for claim preclusion, including claims for a patent that issued after the filing date of the parties’ earlier lawsuit. The Court held that “after-acquired claims, at least when they address the same, or substantially the same, subject matter as previously filed claims and when directed at a previously accused product or process, may be subject to claim preclusion under the Restatement’s pragmatic approach endorsed by the Federal Circuit.” The Court also dismissed XY’s trade secret misappropriation claims, as the claims “arose from the same transaction that prompted the [earlier] law suit” based on a determination that the events were “related in time, space, origin, or motivation, . . . [and] would have formed a convenient trial unit.” The case will move forward with respect to infringement of the following patents: 9,145,590; 9,365,822 and RE046,559 (Reissue of 9,134,220).
The ruling is available here.