Patent Law Practice Center

CAFC Says Res Judicata Bars 102, 103 Defenses

On December 5, 2012, the United States Court of Appeals for the Federal Circuit issued an opinion in Cummins, Inc. v. TAS Distributing Co, Inc.  This is the latest decision in a legal battle between the two companies that has been waged since 2003.  This was the third of three separate actions regarding idle-control technologies for heavy-duty truck engines.

In this latest filed action, which was brought in 2009, Cummins sought a declaratory judgment that claims of  TAS’s U.S. Patent No. 5,072,703 (“the ’703 patent”) and U.S. Patent No. 5,222,469 (“the ’469 patent”) were invalid and unenforceable. In the United States District Court for the Central District of Illinois, it was determined via summary judgment that Cummins’ declaratory judgment suit against TAS was barred by the doctrine of res judicata in light of an earlier litigation.

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