Last Month at the Federal Circuit
Last Month at the Federal Circuit

February 2011

Federal Circuit Remands for Decision on Vacatur Motion

[Appealed from E.D. Tex., Judge Clark]

Federal Circuit Rejects 25 Percent Rule of Thumb for Calculating Damages

[Appealed from D.R.I., Judge Smith]

Single Embodiment Is Sufficient Evidence to Show Commercial Success

[Appealed from Board]

Petition to Transfer from the Eastern District of Texas to the Western District of Washington Granted

[Appealed from E.D. Tex., Judge Davis]

Award of Attorneys’ Fees Improper Where Proposed Claim Construction Is Not Objectively Baseless

[Appealed from E.D. Ky., Senior Judge Hood]

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