Plaintiff's motion for summary judgment to preclude defendant from challenging the validity of two patents-in-suit based on prior art asserted in a related case was granted as to obviousness but not anticipation. "'While it is commonly understood that prior art references that anticipate a claim will usually render that claim obvious, it is not necessarily true that a verdict of nonobviousness forecloses anticipation. The tests for anticipation and obviousness are different.'. . . The [jury in the earlier case] was not asked to render a verdict with respect to [defendant's] anticipation defense; nor was this Court asked to reach such a judgment. Therefore, [defendant's] anticipation defenses were not 'actually litigated' and issue preclusion does not apply."
Power Integrations Inc. v. Fairchild Semiconductor International Inc., et. al., 1-08-cv-00309 (DED October 21, 2010, Opinion) (Stark, J.)