Likewise the evidence shows that State Farm is not estopped
from denying her that coverage.
313, 333, 350 (1971) (indicating that a patentee is collaterally estopped
from suing a party for infringement of an invalid patent so long as "the prior case was [not] one of those relatively rare instances where the courts wholly failed to grasp the technical subject matter and issues in suit .
Earlier this year, the US Court of Appeals for the Federal Circuit found that an IPR petitioner would not be estopped
from raising in other proceedings a noninstituted ground that the PTAB rejected as "redundant," even though the Board had instituted IPR on other grounds for the same claims.
When the action in the case finally started after the state court case had ended, Blagaich moved for summary judgment, arguing that the IRS was collaterally estopped
from litigating that the $343,819 of cash and property she received from Burns should be included in her income because the state court had held they were gifts.
Although adverse decisions can be appealed to the Federal Circuit, once a final written decision is handed down, the statute provides that the petitioner, its privies, and real party in interest are estopped
from raising before the PTO, in a civil action, or in the ITC, an issue that was raised or reasonably could have been raised in the PGR.
So, a government department which encouraged an airline to invest in aircraft on the understanding that its licence would be continued was not estopped
, on a change of government and reversal of policy, from withdrawing the licence Laker Airways Ltd v Department of Trade (1977).
By asserting estoppel, Spiewacki was not challenging plan interpretation as in a traditional Section 502(a)(1)(B) case, but rather that "the plan should be estopped
from enforcing the terms of the plan [and] that the plan has been unjustly enriched.
In a bill of lading the words "shipped in good order and condition" do not import a warranty, but they do amount to a representation of fact that the goods were shipped in apparent good order and condition; and, if an endorsee changes his position on the faith of this representation and afterwards sues the shipowner for delivering the goods in bad condition, the shipowner (at any rate where he was not induced to make the statement by fraud) will be estopped
from denying that the goods were shipped in apparent good order and condition.
Chevron should be judicially estopped
from asserting its legally contrary position here.
If Gay advised Burkey of his potential settlement and Burkey told him to cash the check, the Association is estopped
to deny coverage under the policy because notice to their agent, Burkey, was notice to the Association.
The basis for the punishment of this breach is the doctrine of estoppel--a person who violates the rights of others through an intentional criminal act is estopped
from asserting his own rights to a proportionate extent (Kinsella, 1992, 1996, 1997).
246) A third party attempting to instigate either a post-grant review or inter partes review is estopped
from raising issues that were raised in a previous proceeding before the office.