In a 7-2 decision written by Justice Samuel Alito, the US Supreme Court found that issue preclusion should apply to rulings by the Trademark Trial and Appeals Board as long as the ordinary requirements for issue preclusion are met and the uses examined by the TTAB and the district court are materially the same
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UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes