January 2013
Claim Vitiation Is Not an Exception to DOE
[Appealed from S.D. Iowa, Senior Judge Wolle]
Under Illinois Law, Failure to Assert Patent-Based Defenses in Contract Cases May Have Preclusive Effect in Later Related Actions
[Appealed from C.D. Ill., Judge McDade]
Patent Act Precludes Review of Issued Patents Under the APA
[Appealed from E.D. Va., Judge Lee]
Reissue Application Cannot Be Used to Withdraw a Terminal Disclaimer from an Issued Patent
[Appealed from Board]
Unreasonable Claim Constructions That Are Contrary to Intrinsic Evidence Warrant Rule 11 Sanctions
[Appealed from E.D. Tex., Judge Davis]
Retroactive Elimination of the Qui Tam Provision of the Federal False Marking Statute Does Not Violate the Due Process Clause of the Constitution
[Appealed from N.D. Cal., Judge Breyer]
Whether Earlier Disclosed Genus Anticipates Later Claimed Species Necessarily Includes Factual Component That Can Preclude SJ
[Appealed from C.D. Cal., Judge Real]
No Inference of Deceptive Intent Where It Is “Equally Plausible” That Patent Owner Believed Prosecution Requirements Had Been Met
[Appealed from D. Del., Judge Farnan, Jr.]
Wheel Games Are Not Shown to Be an Economically Distinct Relevant Market
[Appealed from D. Nev., Judge Jones]
Patent License Extends to Reissue Patents Unless Contrary to Intent of Parties
No. 11-1448 (Fed. Cir. Dec. 17, 2012)
[Appealed from E.D. Tex., Chief Judge Folsom]
Applicant’s COCK SUCKER Mark for Chocolate Rooster-Shaped Suckers Is Vulgar and Unregistrable
[Appealed from TTAB]
Infringing Direct Competitor Strongly Supports Irreparable Harm Finding, Even Where Plaintiff’s Product Does Not Practice the Patent
[Appealed from S.D. Cal.,
Chief Judge Gonzalez]
Stephen Slesinger Estopped from Challenging Disney’s Ownership of Winnie-the-Pooh Trademarks
[Appealed from TTAB]
Board’s Obviousness and Nonobviousness Determinations Affirmed for Claims to Cartons for Dispensing Cans
[Appealed from Board]
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 |