Litigation Over Ownership of Patent Bars Later Infringement Claims as to Related Patent

Defendant's motion to dismiss on the basis of claim preclusion was granted where, in an earlier litigation concerning ownership of a related patent and misappropriation of trade secrets, plaintiff was awarded damages and defendant was awarded the related patent. "[A]ll of the facts relevant to [plaintiff's] patent infringement claim were known [11 years ago] when [defendant] initiated the declaratory judgment action that ultimately led to [plaintiff's] recovery on its trade secret misappropriation and fraud claims. Prior to [that earlier] litigation, [plaintiff] obtained an [accused product] with which it could have done an infringement analysis against the [patent-in-suit]. Therefore, [plaintiff] could have brought its patent infringement claim then."

SLR Partners, LLC et al. v. B. Braun Medical Inc., 3-09-cv-01145
(CASD October 26, 2009, Order) (Miller, J.)