No. 18-9346

Lakshmi Arunachalam v. United States District Court for the Northern District of California, et al.

Lower Court: Ninth Circuit
Docketed: 2019-05-20
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: bias civil-procedure collateral-estoppel constitutional-rights due-process judicial-jurisdiction jurisdiction patent patent-prosecution procedural-fairness
Latest Conference: 2019-11-22 (distributed 2 times)
Question Presented (from Petition)

PREAMBLE # I.
Collateral Estoppel Effect Must Be Denied In Cases of
Particularized Unfairness to the Precluded Party,
Where the Overriding Concern of the System Should be that It
Refuses to Sacrifice Fairness for Efficiency,
To Avoid the Illogic and Unfairness of Wooden Application of the Doctrine.

Whether preclusive effect should not be given to agency/court determination
where a financially conflicted agency/court lacked jurisdiction to adjudicate.

Whether Collateral Estoppel must be denied where a litigant was disparately
denied due process of a notice and hearing consistently by all the courts.

Whether Collateral Estoppel must be denied when the lower courts failed to
examine the record to determine what, exactly, was adjudicated in the earlier
court or agency proceeding.

Whether a change in circumstances is unsuited for Collateral Estoppel effect.

Whether denial of Collateral Estoppel effect to the original determination is
appropriate because of rapid accumulation of knowledge or the presentation of
additional information, or if additional cogent and compelling information
presented in subsequent action.

Whether Collateral Estoppel must be denied when a court ruling is not
supported by detailed opinion containing 'thorough findings of facts,
conclusions of law, and a cogent legal analysis applying the relevant facts"
entitled to preclusive effect.

Whether the lower court rulings must be reversed because the District Court
erred in not considering Patent Prosecution History when claims are
unambiguous in view of intrinsic evidence.

Whether the lower courts' rulings are bills of attainder or ex post facto laws
passed or laws impairing the obligation of contracts, violating the Contract
Clause, Art. I, §10, clause 1 and Art. I, §9 & 10, in dismissing the case for a
false claim of Collateral Estoppel against the Government and private citizens
after the Judge lost jurisdiction, prima facie evidence of which is the Judge
himself admitted in writing he bought direct stock in a litigant.

Whether the District Court Orders are void as repugnant to the Constitution
in denying access to the courts to Petitioner/inventor, a competent witness, to
give testimony on claim construction and explain the invention and what was
intended to be conveyed by the specification and Patent Prosecution History
and covered by the claims.

Whether the lower courts denying Petitioner due process - a Hearing and a
neutral Judge, voids their Orders.

Whether courts must deny Collateral Estoppel effect, absent certain essential
procedures where a hearing must allow parties to present live witnesses and
to cross-examine in a proceeding that turned on retaliatory motive,
adjudication must meet the procedures required by the due process clause.

Whether Collateral Estoppel did not preclude inquiry into all issues, when the
earlier court was concerned with one issue, and a subsequent civil action
involved a different issue.

Whether Collateral Estoppel effect should be denied because the agency/court
participated in prejudicial ex parte communications, and allowed one party to
prepare findings of fact and rulings of law for the court in support of that
party's own position without allowing the opposing party's participation.

Whether due process requires that a party have the opportunity to contest fully
a particular resolution of an issue in the original proceeding if that resolution
will bind the party in the future.

Whether the lower court proved itself to be a tribunal of competent jurisdiction
to finally determine

Question Presented (AI Summary)

Whether preclusive effect should not be given to agency/court determination where a financially conflicted agency/court lacked jurisdiction to adjudicate

Docket Entries

2019-11-25
Rehearing DENIED.
2019-11-06
DISTRIBUTED for Conference of 11/22/2019.
2019-10-22
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-07-05
DISTRIBUTED for Conference of 10/1/2019.
2019-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 19, 2019)
2019-02-25
Application (18A859) granted by Justice Kagan extending the time to file until May 17, 2019.
2019-02-11
Application (18A859) to extend the time to file a petition for a writ of certiorari from March 18, 2019 to May 17, 2019, submitted to Justice Kagan.

Attorneys

Lakshmi Arunachalam
Lakshmi Arunachalam — Petitioner