Re:Estoppel
by DannyBee on Wednesday May 25, 2022 @02:10PM
(#31508308)
There are lots
Judicial estoppel - Being barred taking positions directly the opposite of ones you've taken in litigation before (and benefited from). IE you can't say "we didn't do it" in a civil lawsuit, and then say "we did do it" in a bankruptcy proceeding.
Estoppel by deed - In real estate, f i give you a deed to a house, i can't later turn around and claim it wasn't a valid deed.
Prosecution history estoppel - in patents, if i disclaim something in a proceeding with the PTO to get a patent, i can't later claim infringement for the thing i disclaimed.
IE if the USPTO gives me a prior art reference and says it overlaps, I can say "my patent doesn't cover that" and disclaim rights to the part they think overlaps.
I can't later sue someone over that overlap.
Judicial estoppel - Being barred taking positions directly the opposite of ones you've taken in litigation before (and benefited from). IE you can't say "we didn't do it" in a civil lawsuit, and then say "we did do it" in a bankruptcy proceeding.
Estoppel by deed - In real estate, f i give you a deed to a house, i can't later turn around and claim it wasn't a valid deed.
Prosecution history estoppel - in patents, if i disclaim something in a proceeding with the PTO to get a patent, i can't later claim infringement for the thing i disclaimed.
IE if the USPTO gives me a prior art reference and says it overlaps, I can say "my patent doesn't cover that" and disclaim rights to the part they think overlaps. I can't later sue someone over that overlap.