Labels:book | daily | jotter | reckoner | sky | tree | windowpane OCR: Under the Facts and Circums tances Here, the Philips/Win idmere Motion to Vacate Could Not Reasonably Have Bect Granted Philips Should Not AbIe to Use Vacatur Avoid Preclusive Effects Florida losing party should not be permitted to destroy the preclusive effect ot aT adverse judgment by deliberately mooting questions on appeal and requesting vacatur, thus "retiring lick its wounds, fully interding to come out fighting again. Qt+ Here, there can be no doubt that Phil. ips seeks. through vacatur eliminate the preclusive effe ct Florida judement holding Philips' trade dress invalid and unenforceable thr direct and serious detri. ment ot others who were parties the Settlement Agreemncnt including Izumi and its customer Sears. Until the Federal Circuit's ruling, the Florida judg ment had preclu ...
(.png)
