Intellectual Property > IP Newsflash
11 Jan '16

The U.S. Supreme Court denied software developer’s SpeedTrack writ to overturn the Federal Circuit’s application of the recently revived, 100+ year old Kessler doctrine. Speedtrack lost an initial case against Walmart where the accused product was found not to infringe Speedtrack’s patent. The Federal Circuit affirmed a decision of the district court that SpeedTrack was barred under the Kessler doctrine from bringing a second lawsuit against Office Depot because the accused Office Depot product was “essentially the same” as the Walmart product that was found to be non-infringing.

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