Applied Medical Resources Corp. v. United States Surgical Corp.

Good Law

352 F. Supp. 2d 1119·2005 WL 100925·75 U.S.P.Q. 2d (BNA) 1687·2005 U.S. Dist. LEXIS 3338

United States District Court, Central District of CaliforniaJanuary 14, 2005CV 03-1267 CJC(MLGX)California3,979 words

Opinion

Carney, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT REGARDING COLLATERAL ESTOPPEL

Plaintiff Applied Medical Resources Corp. (“Applied”) seeks partial summary judgment that Defendant United States Surgical Corp. (“U.S.Surgical”) is collaterally estopped from relitigating the validity of Claim 18 of U.S. Patent No. 5,385,553 (“the ’553 Patent”). The Court concludes Applied is entitled to such a judgment. The issue of the validity of Claim 18 of the ’553 Patent was vigorously litigated and ultimately determined in the parties’ previous lawsuit in the Eastern District of Virginia. Consequently, U.S. Surgical cannot now resurrect and relitigate the issue in this lawsuit, even if there are new arguments that U.S. Surgical wants to raise that were not made in the parties’ prior lawsuit.

I. THE RELEVANT FACTUAL BACKGROUND

A. THE HISTORY BETWEEN THE PARTIES

1. THE FIRST LAWSUIT: APPLIED I

In August of 1996, Applied sued U.S. Surgical in the Eastern District of Virginia for infringement of the ’553 Patent and two other patents (“Applied I ”). See Applied Medical Resources Corp. v. United States Surgical Corp., 967 F.Supp. 861 (E.D.Va.1997). The infringement allegations were based in…

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