In XY, LLC v. Trans Ova Genetics, L.C., Nos. 16-2054, 16-2136 (Fed. Cir. May 23, 2018), a majority of the CAFC panel applied collateral estoppel sua sponte to an appeal from a district court action following its affirmance of an unpatentability finding by the PTAB of one of XY's patents in dispute in both actions. The majority held that "an affirmance of an invalidity (unpatentability) finding, whether from a district court or the Board, has a collateral estoppel effect on all pending or co-pending actions," therefore, the issues on appeal from the district court were moot for this patent. The patents-at-issue were directed to sorting methods for X- and Y- chromosome-bearing sperms cells for selective breeding purposes. Further discussion of the decision can be found on Finnegan's Federal Circuit IP Blog.
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