October 2011
Use of “A” in Claim Language Does Not Always Mean “One or More Than One” in Open-Ended Claims
[Appealed from Board]
Federal Circuit Reversed Improperly Narrowing Claim Construction
[Appealed from D.N.H., Judge Barbadoro]
Advertising as Currency Falls Under the Scope of § 101
[Appealed from C.D. Cal., Judge Klausner]
An Applicant Is Entitled to Reopen Prosecution or Request Rehearing When the Board Relies on New Facts Changing the Thrust of an Examiner’s Rejection
[Appealed from Board]
A License to “Use” a Patented Technology That Can Replicate Itself Does Not Necessarily Give a Purchaser the Right to Use Replicated Copies of the Technology
[Appealed from S.D. Ind., Judge Young]
Waiver of Conflict Provision of Joint Defense Agreement Waives Potential Conflict with Counsel for Former Codefendant
[Appealed from N.D. Cal., Judge Chesney]
Where Claims Were Anticipated as a Matter of Law, Federal Circuit Reverses Postverdict Grant of JMOL to the Contrary
[Appealed from D. Del., Magistrate Judge Thynge]
Intervening Rights Triggered by Patent Owner’s Narrowing Arguments in Reexamination
[Appealed from D.N.H., Judge DiClerico]
Order Granting Stay of Claims Not an Appealable Final Judgment or Effectively an Injunction
[Appealed from N.D. Ill., Judge Gettleman]
District Court Has Authority to Clarify Claim Construction Following Jury Verdict
[Appealed from D. Del., Judge Robinson]
Sales Authorized Under a License Do Not Become Unauthorized or Infringing Sales Just Because a Licensee Subsequently Delays Royalty Payments Due Under That License
[Appealed from N.D. Cal., Judge Wilken]
| Abbreviations | |
| ALJ | Administrative Law Judge |
| ANDA | Abbreviated New Drug Application |
| APA | Administrative Procedures Act |
| APJ | Administrative Patent Judge |
| Board | 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 |
