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

May 2014

Patent App[eals]® includes PDFs of all patent-related Federal Circuit decisions dating back to 2001.  A user can search on keywords, judges, dates of decisions, lower court from which the case was appealed, case name, case number, and whether or not a case was heard en banc.  In addition, if the decision was summarized in Last Month at the Federal Circuit, the Finnegan case summary is included.

To Establish That the Prior Art Is “Basically the Same” as a Design Patent, the District Court Only Needs to Describe the Relevant Design Characteristics of the Claimed Design in Comparison with the Prior Art
No. 13-1433 (Fed. Cir. Apr. 2, 2014)
[Appealed from N.D. Ohio, Judge Gaughan]

Patentee May Not Challenge the Result of an Ex Parte Reexamination in District Court

[Appealed from Board]

Describing Algorithms in Understandable Terms That Provide Structure to a Person of Ordinary Skill in the Art Renders Definite Computerized Means-Plus-Function Claims

[Appealed from N.D. Ill., Judge Lefkowitz]

A Direct Competitor in a Tight Niche Market May Receive a Preliminary Injunction Despite Not Practicing the Patent

[Appealed from D. Mont., Judge Haddon]

SJ of Obviousness of Once Monthly Administration of Pharmaceutical Compound Affirmed

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

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Looking Ahead

Refusal to Approve Competitor’s Resin for Use in 3D Printers Does Not Amount to Antitrust Violation

[Appealed from N.D. Ill., Judge Coleman]

Combination Is Not Obvious to Try Based on Later-Manifest Unexpected Benefits

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

Claim Construction Analysis Begins and Remains Centered on the Language of the Claims Themselves

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

A Later-Issued but Earlier-Expiring Patent Can Serve as an Obviousness-Type Double Patenting Reference to Invalidate an Earlier-Issued, Later-Expiring Patent

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

Decision to Not Institute an Inter Partes Review Is Not Appealable to the Federal Circuit

[Appealed from Board]

Patent Assignors Do Not Retain a Right of Appeal Under 35 U.S.C. § 141

[Appealed from Board]

No Per Se Rule Against Injunctions for Standard-Essential Patents

[Appealed from Board]

Abbreviations  
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
Finnegan
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