BLONDER-TONGUE LABORATORIES V. UNIVERSITY OF ILLINOIS FOUNDATION 402 U.S. 313 (1971) CASE BRIEF

BLONDER-TONGUE LABORATORIES V. UNIVERSITY OF ILLINOIS FOUNDATION

402 U.S. 313 (1971)

NATURE OF THE CASE: This was a patent infringement case and an appeal over the use of nonmutual defensive collateral estoppel.

FACTS: The rule of law in patent cases was to allow a patentee another suit even if he lost a first suit to uphold his patent; Triplett v. Lowell 297 U.S. 638 (1936). The lower courts allowed Foundation (P) to maintain a second action after losing its first. P owned a patent for a radio and television antenna. Its patent was held invalid in its first suit. P then sued Blonder (D) for infringement on the same patent. D asserted collateral estoppel. The Supreme Court granted certiorari.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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