Last Month at the Federal Circuit
December 2014
Federal Circuit Reiterates Strong Presumption Against Means-Plus-Function Claiming for Claim Limitations That Fail to Use the Word “Means”
No. 13-1130 (Fed. Cir. Nov. 5, 2014)
[Appealed from C.D. Cal., Judge Matz]
Transfer of All Substantial Rights in the Patent Results in Transferee Becoming the Effective Owner for Purposes of Standing
[Appealed from E.D. Tex., Judge Schneider]
Abstract Idea Can Be Patent Ineligible Even If Novel or Nonroutine Components Are Added
[Appealed from C.D. Cal., Judge Klausner]
Collateral Estoppel Applied to Claim Limitation Despite Intervening Reexamination
Nos. 14-1019, -1242, -1243
(Fed. Cir. Nov. 19, 2014)
[Appealed from S.D. Cal., Judge Sabraw]
Stay Warranted Even If Covered Business Method Review Does Not Address All Asserted Patents, Claims, or Invalidity Defenses
[Appealed from D. Del., Judge Robinson]
Abbreviations | |
AIA | America Invents Act |
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 |
DISCLAIMER: The case summaries are intended to convey general information only and should not be construed as a legal opinion or as legal advice. The firm disclaims liability for any errors or omissions and readers should not take any action that relies upon the information contained in this newsletter. You should consult your own lawyer concerning your own situation and any specific legal questions. This promotional newsletter does not establish any form of attorney-client relationship with our firm or with any of our attorneys.