Blonder-Tongue Laboratories v. University of Illinois Foundation
Citation: 402 U.S. 313 (U.S. Supreme Court, 1971)
Facts
The University of Illinois Foundation held a patent for a television antenna. In prior litigation against Winegard Company, a court held the patent invalid. The Foundation then sued Blonder-Tongue Laboratories for patent infringement. Blonder-Tongue sought to invoke the prior judgment of invalidity to preclude the Foundation from relitigating the patent’s validity, even though Blonder-Tongue was not a party to the prior suit.
Issue
Whether a defendant who was not a party to prior litigation may invoke collateral estoppel defensively to prevent the plaintiff from relitigating an issue the plaintiff already fully and fairly litigated and lost.
Holding
The Supreme Court overruled strict mutuality of estoppel in the defensive collateral estoppel context, holding that a defendant may invoke a prior judgment against the plaintiff as long as the plaintiff had a full and fair opportunity to litigate the issue in the prior proceeding.
Rule
Defensive non-mutual collateral estoppel is permissible: a new defendant may preclude a plaintiff from relitigating an issue the plaintiff previously litigated and lost, without requiring that the new defendant was a party to the prior action. The plaintiff must have had a full and fair opportunity to litigate the issue in the prior suit.
Significance
Blonder-Tongue was the Supreme Court’s first major break from the traditional mutuality requirement for collateral estoppel, permitting defensive non-mutual issue preclusion. It set the stage for Parklane Hosiery to extend the doctrine to offensive use, together transforming modern preclusion law.