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Intellectual Ventures I LLC v. Capital One Financial Corp.

No Panel Rehearing to Reconsider Fourth Circuit Collateral Estoppel

Intellectual Ventures I LLC v. Capital One Financial Corp., __ F.3d __, 2019 WL 6720201 (Fed. Cir. Dec. 11, 2019) (Per curiam: Prost, Bryson, Reyna) (D. Md.: Grimm) (2 of 5 stars)

Fed Cir denies petition for panel rehearing. The reasoning of Tuttle, 195 F.3d 698 (4th Cir. 1999), does not contradict the application of collateral estoppel to support summary judgment for IV on Capital One’s antitrust counterclaims. The opinion distinguishes Tuttle on several grounds, including factual dissimilarity, the absence of any integral relationship between the issues in Tuttle (compared to a close relationship in this case), the presence of alternative grounds for the decision in Capital One’s prior case that supports estoppel in this case, and the co-pendency of proceedings in this case. The opinion also holds that Capital One waived any argument that the outcome of its prior case rested on different grounds than those discussed in the panel’s opinion. The opinion again declines to take up Capital One’s Noerr-Pennington arguments because they are unnecessary to resolution of the case.

KEYWORDS: COLLATERAL ESTOPPEL; PANEL REHEARING (DENIED)