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

June 2010

Court Finds No Inequitable Conduct Where Challenger Presented Evidence of Only Materiality
[Appealed from W.D. Pa., Chief Judge Ambrose]

Claims Are Construed in Light of the Originating Disclosure When a Party Challenges Written Description Support During an Interference Proceeding

[Appealed from Board]

No Interference−in−Fact Exists Because, Applying the Proper Construction, Junior Patent Is Not Obvious over Senior Reissue Application

[Appealed from E.D. Va., Judge Brinkema]

Distinct Enantiomers Are Different “Drug Products” and Properly Subject to Statutory Term Extensions

[Appealed from D.N.J., Chief Judge Brown]

Based on Defendants’ Trade Show Visits to Nevada, Court Finds Exercise of Personal Jurisdiction Appropriate

[Appealed from D. Nev., Judge Mahan]

New and Improved Drug Product Eligible for Patent Term Extension Pursuant to 35 U.S.C. § 156

[Appealed from E.D. Va., Judge O’Grady]

Cancellation Fee Not Required at the “Motion for Leave to Amend” Stage

[Appealed from TTAB]

Court Affirms Attorney Fees and Costs Based on Inequitable Conduct and Litigation Misconduct, and Reverses Postjudgment Interest Rate

[Appealed from W.D. Wash., Senior Judge Zilly]

Licensor Retains Standing to Sue Because Exclusive License Not a Virtual Assignment of Patents

[Appealed from C.D. Cal., Judge King]

 

 

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Looking Ahead

After Jury Verdict of No Anticipation, Claims Invalidated as a Matter of Law by Prior Art System Described in Reference Modified After Critical Date

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

Three−Year Silence After Letter Claiming Infringement Barred Suit Under Equitable Estoppel

[Appealed from S.D.N.Y., Judge Chin]

Claim That a Patent Practitioner Breached His Fiduciary Duty Established Federal Jurisdiction, and Court Denies Sanctions for Allegedly Frivolous Appeal
[Appealed from N.D. Ga., Chief Judge Camp]

Honeywell Has Standing Under Invention Secrecy Act
[Appealed from Court of Federal Claims, Judge Braden]

ITC Misapplied “All or Substantially All” Test

[Appealed from ITC]

ITC Infringement Finding Upheld as to Imported Digital Televisions, but Not “Work−Around” Digital Televisions

[Appealed from ITC]

Patent Exhaustion Doctrine Retains a Territoriality Requirement

[Appealed from D.N.J., Judge Hayden]

Prudential Reasons and Perceived Increases in Efficiency Cannot Empower a Federal Court to Hear a Case Where No Case or Controversy Exists

[Appealed D.D.C., Judge Robertson]

Award of Attorney Fees Reversed Due to Inequitable Conduct and Vexatious Litigation

[Appealed from D. Md., Judge Davis]




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