November 2013
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| Patent App[eals] includes PDFs of all patent-related Federal Circuit decisions dating back to 2001. A user can search on keywords, judges, dates of decisions, lower court from which the case was appealed, case name, case number, and whether or not a case was heard en banc. In addition, cases summarized in Last Month at the Federal Circuit newsletter also include the Finnegan case summary. |
Local Governments Are Prohibited from Registering Official Insignias as Trademarks
[Appealed from TTAB]
Neither the Mandate Rule nor Collateral Estoppel Bars a Second Appeal on Claim Constructions Not Necessarily Decided by an Earlier
Rule 36 Decision
[Appealed from E.D. Va., Judge Brinkema]
Section 337 Domestic Industry Evidence Must Relate to Articles That Practice the Asserted Patent
[Appealed from ITC]
An Accused Device That Infringes Sometimes, But Not Always, Nonetheless Infringes
[Appealed from C.D. Cal., Judge Selna]
Failure to Expressly Negate a False Declaration Establishes Materiality and Raises a Strong Inference of Intent for Inequitable Conduct
[Appealed from N.D. Ill., Senior Judge Hart]
Contempt Motion’s Colorable-Differences Inquiry Must Focus on How the Patentee Previously Proved Infringement
[Appealed from D. Del., Judge Stark]
Patent Exhaustion Is Triggered by the Authorized Sale of a Patented Item That Completely Practices the Claimed Invention
[Appealed from D. Del., Judge Robinson]
Board’s Finding of New Factual Basis for Reason to Combine and Reliance on New Reference Constituted New Grounds of Rejection
[Appealed from Board]
An Algorithm in Means-Plus-Function Claims Must Adequately Define Structure to Avoid Indefiniteness
No. 13-1007 (Fed. Cir. Oct. 22, 2013)
[Appealed from D.N.J., Judge Hochberg]
Claims Broadened to Encompass a Competitor’s Product Must Be Supported by the Written Description
[Appealed from N.D. Cal., Senior Judge Whyte]
Board’s Failure to Consider Evidence of Knowledge of One of Skill in the Art Was Plainly Prejudicial
No. 12-1611 (Fed. Cir. Oct. 30, 2013)
[Appealed from Board]
Webinar: Recent Federal Circuit Cases Affecting Practice Before the USPTO Patent Trial and Appeal Board
December 5, 2013
| Abbreviations | |
| ALJ | Administrative Law Judge |
| ANDA | Abbreviated New Drug Application |
| APA | Administrative Procedures Act |
| APJ | Administrative Patent Judge |
| Board | Patent Trial and Appeal Board (formerly the Board of Patent Appeals and Interferences) |
| Commissioner | Commissioner of Patents and Trademarks |
| CIP | Continuation-in-Part |
| DJ | Declaratory Judgment |
| DOE | Doctrine of Equivalents |
| FDA | Food and Drug Administration |
| IDS | Information Disclosure Statement |
| ITC | International Trade Commission |
| JMOL | Judgment as a Matter of Law |
| MPEP | Manual of Patent Examining Procedure |
| NDA | New Drug Application |
| PCT | Patent Cooperation Treaty |
| PTO | United States Patent and Trademark Office |
| SJ | Summary Judgment |
| TTAB | Trademark Trial and Appeal Board |
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