May 2014
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]
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 |