Swagway, LLC v. International Trade Commission

 
APPEAL NO.
18-1672
OP. BELOW
SUBJECT
Patent
AUTHOR
Clevenger

Question(s) Presented

“[W]hether the Federal Circuit should break with the precedent set by (1) the Supreme Court’s decision in B & B Hardware, Inc. v. Hargis Indus., Inc., 135 S. Ct. 1293 (2015) that a trademark adjudication by an administrative agency has preclusive effect; and (2) the First, Second, and Fourth Circuit decisions that adjudications by the International Trade Commission in Section 337 cases regarding non-patent rights have preclusive effect.”