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Published opinion

Before NEWMAN, GAJARSA, and LINN, Circuit Judges.

The issue in this case is whether a claim for patent infringement should have been brought in a prior case between the parties and is now precluded by the prior judgment. Plaintiff-Appellant Acumed LLC (“Acumed”) appeals a decision of the United States District Court for the District of Oregon dismissing its action against Defendants-Appellants Stryker Corp., et al., (“Stryker”) as barred by claim preclusion. Specifically, the district court held that Acumed’s present infringement suit against Stryker was precluded by a prior infringement suit between the parties which was resolved by a final judgment on the merits, namely Acumed LLC v. Stryker Corp., No. 04-CV-513 (D. Or. April 21, 2006) (“Acumed I”). Because the district court misconstrued this court’s precedent regarding the manner in which claim preclusion applies to successive claims for patent infringement, we reverse and remand for further proceedings consistent with this opinion.

 
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