Elizabeth Crompton

is an experienced trial lawyer with Haynes Boone who uses her advanced education and experience to understand complex technical matters and help clients achieve their goals.

Elizabeth concentrates on patent disputes before district courts and the Federal Circuit. She also counsels clients on infringement, validity, and enforceability of patents, particularly in the chemical/biological and mechanical areas, including Hatch-Waxman, as well as design patents.

For more information or to contact Elizabeth, please visit her Firm Profile Page.

Recent Articles by Elizabeth Crompton

SimpleAir v. Google: Consider the Scope of the Claims in a Claim Preclusion Analysis

On March 12, 2018, the Federal Circuit held in SimpleAir, Inc. v. Google LLC, No. 2016-2738, that a terminal disclaimer does not raise a presumption that a continuation patent is patentably indistinct from its parent patent. In SimpleAir, the issue was whether an action asserting infringement of two patents was barred by claim preclusion or the Kessler doctrine when the same activity had been judged not infringing in earlier litigations involving other patents in the same family, all of which were related as continuations, and all of which included terminal disclaimers to the ultimate parent patent. The Federal Circuit held that notwithstanding the terminal disclaimers, the district court could not simply rely on a presumption that the claims were patentably indistinct, and instead must compare the scope of the claims to determine whether claim preclusion or the Kessler doctrine applies.

May 3, 2018

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