The nonpracticing entity DietGoal Innovations tried to keep a batch of Texas patent lawsuits alive by attacking a New York ruling killing off the company’s patent. But despite drawing a visiting appeals judge in the Texas case, DietGoal’s bid to challenge the New York decision will have to wait.
In a ruling issued on Friday, Judge William Bryson of the U.S. Court of Appeals for the Federal Circuit, sitting by designation in Marshall, Texas, dismissed claims that food companies, including Chipotle Mexican Grill Inc. and Tyson Foods Inc., infringed DietGoal’s patent for a computerized method of diet planning. Invoking the doctrine of collateral estoppel, Bryson concluded that he should defer to a July 8 ruling by U.S. District Judge Paul Engelmayer in Manhattan dismissing identical cases DietGoal brought against Bravo Media and other companies.
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