The error relates to the scope of estoppel in a procedure called post-grant review (PGR).

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For the legal theory of collateral estoppel to work, the factual issues in the player cases must be identical.

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The next time Congress revisits the AIA to fix the remaining bugs, we hope it will finally get its PGR estoppel standard right.

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If the collateral estoppel argument were to be successful, it would shorten the litigation process by months, even years, and could lead to early settlements.

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Morgan recommended that the court deny this request May 7, ruling that the doctrine of judicial estoppel did not bar Fedorov from pursuing his claims against his former firm.

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