Intel Corporation v. Tela Innovations, Inc.

INTRODUCTION

14 In December 2020, I granted a motion for summary judgment of noninfringement brought 15 by plaintiff Intel Corporation (“Intel”). I found that several of Intel’s products did not literally 16 infringe the asserted claims of five patents of defendant Tela Innovations, Inc. (“Tela”). Several 17 days before that decision, Tela launched a new (second) proceeding at the International Trade 18 Commission (“ITC”), alleging infringement by the same products of one of the same patents. 19 Intel now moves for an injunction to prevent this assertion of infringement by Tela based on my 20 finding of noninfringement. In the alternative, it moves to certify my summary judgment 21 determinations for appeal. Tela separately moves to certify those determinations for appeal and 22 also moves to stay the remaining claims that would otherwise proceed to trial. 23 Intel’s motion for an injunction is denied. There is a body of jurisprudence for 24 determining whether a subsequent proceeding is barred by a previous judicial decision, and in 25 those cases preclusion doctrines are generally ruled on by the second tribunal. American patent 26 law has added to those preclusion…