Sixth Circuit -- Georgia-Pacific v. Four-U-Packaging, Inc.

District court correctly permitted invocation of defensive collateral estoppel, as, despite the differences in the parties intent in the prior litigation, the external circumstances were substantially the same. 

Variation in circuit tests for likelihood of confusion in patent litigation does not bar collateral estoppel.

Variation in the statutory & tort causes of action does not bar collateral estoppel, as the summary judgement in the first case requied the court to reach the underlying question of confusion between the two products.

No risk of inconsistent rulings as a result, as the contrary circuit precedent has since been vacated.

Georgia-Pacific v. Four-U-Packaging, Inc.