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The Urock Network, LLC v. Umberto Sulpasso

No. 92058974 (T.T.A.B. Jul. 17, 2015)
The Urock Network, LLC v. Umberto Sulpasso

21 Cited authorities

  1. Allen v. McCurry

    449 U.S. 90 (1980)   Cited 5,776 times   3 Legal Analyses
    Holding that under res judicata, parties may not "relitigat[e] issues that were or could have been raised" in a prior action

  2. Migra v. Warren City School District Board of Education

    465 U.S. 75 (1984)   Cited 3,559 times   1 Legal Analyses
    Holding "that petitioner's state-court judgment in litigation [had] the same claim preclusive effect in federal court that the judgment would have in the . . . state courts"

  3. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,251 times   8 Legal Analyses
    Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

  4. Morris v. Jones

    329 U.S. 545 (1947)   Cited 266 times
    Holding that a default judgment constitutes a decision on the merits for res judicata purposes

  5. Herrmann v. Cencom Cable Associates, Inc.

    999 F.2d 223 (7th Cir. 1993)   Cited 193 times
    Finding no claim preclusion in a Title VII case where the prior litigation involved failure to process a COBRA request for post-termination medical coverage

  6. Jet, Inc. v. Sewage Aeration Systems

    223 F.3d 1360 (Fed. Cir. 2000)   Cited 78 times   2 Legal Analyses
    Concluding that the same cause of action can exist in two cases only where the same set of transactional facts are involved in those cases and that, where the transactional facts differ, the doctrine of claim preclusion does not apply

  7. Senju Pharm. Co. v. Apotex Inc.

    746 F.3d 1344 (Fed. Cir. 2014)   Cited 45 times   3 Legal Analyses
    Affirming dismissal on claim preclusion grounds

  8. Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.

    719 F.3d 1367 (Fed. Cir. 2013)   Cited 28 times
    Recognizing that voluntary dismissal with prejudice does not have issue preclusive effect

  9. Akhenaten v. Najee, LLC

    544 F. Supp. 2d 320 (S.D.N.Y. 2008)   Cited 28 times
    Finding privity among defendants in a trademark infringement case where defendants shared common interest in finding that plaintiff had no rights in the mark

  10. The Haytian Republic

    154 U.S. 118 (1894)   Cited 242 times
    Explaining that a party is "not at liberty to split up his demand, and prosecute it by piecemeal, or present only a portion of the grounds upon which special relief is sought, and leave the rest to be presented in a second suit, if the first fail. There would be no end to litigation if such a practice were permissible."

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 349,026 times   931 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,300 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit