June 2013
Motivation to Develop Drug Formulation Need Not Be Based on Rationale That Forms Basis for FDA Approval
[Appealed from E.D. Tex., Judge Ward]
SJ Order Prior to Claim Construction, Review of Accused Product’s Source Code, and Deposition of Defendant’s Employees Vacated as Premature
[Appealed from N.D. Ala., Judge Johnson]
Prosecution Disclaimer Could Result in That Embodiment Not Being Covered by the Claims
[Appealed from Court of Federal Claims,
Judge Braden]
Fractured Court Holds Computer-Implemented System, Method, and Computer-Readable Media Claims Invalid Under 35 U.S.C. § 101
[Appealed from D.D.C., Judge Collyer]
An Earlier U.S. Judgment Insufficient to Enjoin a Foreign Arbitration Where Issues in the U.S. Litigation and Foreign Arbitration Are Not Identical or Functionally the Same
[Appealed from N.D. Cal., Judge Illston]
Investment in Litigation Targeted at Financial Gain Does Not by Itself Satisfy the Economic Prong of the Domestic Industry Requirement
[Appealed from ITC]
Federal Subject Matter Jurisdiction Under 28 U.S.C. § 1338 Requires a “Substantial” Issue of Patent Law
[Appealed from D.N.H., Judge Laplante]
Accused Card Activation Systems Deemed to Infringe as Sanction for Discovery Violations
[Appealed from E.D. Tex., Magistrate Judge Everingham]
A Given Claim Term Can Have Different Meanings in Different Contexts in the Patent
Nos. 11-1335, -1336 (Fed. Cir. May 20, 2013)
[Appealed from D.N.J., Chief Judge Brown]
Clinical Trials Conducted with a Reasonable Expectation of Confidentiality Do Not Constitute Public Use Under 35 U.S.C. § 102(b)
[Appealed from S.D.N.Y., Judge Koeltl]
Best Mode Violation Requires Intentional Concealment
[Appealed from D. Del., Judge Stark]
The Ordinary Meaning of “Connected to” Encompasses Indirect Linkages
[Appealed from W.D. Wis., Judge Conley]
| 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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