Last Month at the Federal Circuit
March 2010
Proof of Damages Must Be Carefully Tied to the Claimed Invention’s Footprint in the Marketplace
[Appealed from S.D.N.Y., Senior Judge Sweet]
Knowledge-of-the-Patent Requirement for Inducing Infringement Can Be Satisfied by Deliberate Indifference
[Appealed from S.D.N.Y., Judge Robinson]
First Sale Doctrine Did Not Preclude Recovery Even Though Patentee’s Predecessor Initially Sold Accused Infringing Product
[Appealed from Court of Federal Claims,
Judge Braden]
[Appealed from Board]
Court Reverses ITC’s Findings of Noninfringement of Crocs’s Design Patent and Obviousness of Utility Patent
[Appealed from ITC]
Postage Stamps Held Not a Fair Use Where Sculptor Is Sole Author of Depicted Memorial
[Appealed from Court of Federal Claims,
Judge Wheeler]
Tension Between Markman and Cybor Resolved in Favor of Cybor
[Appealed from N.D. Ill., Senior Judge Moran]
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 |
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