In granting defendant's motion for summary judgment of noninfringement, the court rejected plaintiff's argument that "the Federal Circuit’s decision [upholding the ITC's findings of noninfringement] and factual findings are not binding and it can raise issues not previously presented to the ITC or Federal Circuit. I do not find [plaintiff's] arguments persuasive, particularly since the determinative issues presented to the ITC, the Federal Circuit, and this Court are essentially the same. In short, [plaintiff] is inviting this Court to revisit the same judicial landscape with its new counsel as its guide. . . . I find no 'powerful incentive' to deviate from the Federal Circuit’s prior decision. Here, the same parties argue whether two of the same [products] infringe the same claim in the same patent as they argued previously before both the ITC and the Federal Circuit."
Solomon Technologies, Inc. v. Toyota Motor Corporation et al., 8-05-cv-01702 (FLMD January 26, 2010, Order) (Pizzo, M.J.)