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Soverain Software LLC v. Victoria’s Secret Direct Brand Management, LLC, United States Court of Appeals, Federal Circuit, Nos. 2012-1649, 12 February 2015
Collateral estoppel invalidated a jury’s finding that Victoria’s Secret Direct Brand Management and Avon Products infringed five claims of two “sales system” patents owned by Soverain Software, the U.S. Court of Appeals for the Federal Circuit has ruled (Soverain Software LLC v. Victoria’s Secret Direct Brand Management, LLC, February 12, 2015, Dyk, T.). Because the Federal Circuit had previously held in Soverain Software LLC v. Newegg Inc., 728 F.3d 1332 (2013), that three of the five claims were invalid as obvious, and because the remaining two claims were sufficiently similar to claims that had been invalidated, either expressly of impliedly, by the earlier decision, the Federal Circuit concluded that all five claims were invalid. The judgment of the district court was therefore reversed.