July 2014
Dissatisfaction with the Board’s Decision Is Insufficient to Establish an Injury in Fact for Article III Standing
No. 13-1377 (Fed. Cir. June 4, 2014)
[Appealed from Board]
Limits to Enjoining Trademark Infringement Do Not Necessarily Preclude Standing to Cancel the Trademark Registration Before the TTAB
[Appealed from TTAB]
Disputes over Product Ownership Are Not Appealable to the Federal Circuit Unless They Require Resolution of a Substantial Question of Patent Law
No. 13-1461 (Fed. Cir. June 4, 2014)
[Appealed from S.D. Fla., Judge Marra]
Finding of Anticipation Reversed When a Value Is Affected by Other Indeterminate Sources
No. 13-1192 (Fed. Cir. June 4, 2014)
[Appealed from Board]
Rule 11 Sanctions Upheld for Lack of Reasonable Claim Construction Argument and Failure to Conduct Presuit Inquiry
[Appealed from S.D.N.Y., Judge McMahon]
Suit Dismissed for Lack of Standing Because All Patent Co-owners Must Join Suit
[Appealed from D.N.M., Judge Brack]
Board Erred by Not Issuing New Ground of Rejection for Similar Claims When It Had Knowledge of the Rejection on Appeal
[Appealed from Board]
A Proper Obviousness Analysis Must Consider the Entire Scope of the Claims
[Appealed from M.D.N.C., Judge Eagles]
Precondition of “Error” for Reissue Requires Allegations of Deficient or Mistaken Understanding
[Appealed from TTAB]
Disclosing Only a Class of Algorithms Renders Means-Plus-Function Term Indefinite
[Appealed from W.D. Wash., Judge Jones]
Means-Plus-Function Claim Must Disclose Some Algorithm for Performing the Function and Cannot Merely Restate the Function Recited in the Claim
[Appealed from N.D. Cal.,
Magistrate
Judge Spero]
Trademark Refused Registration Because It Was Generic
No. 13-1492 (Fed. Cir. June 23, 2014)
[Appealed from TTAB]
Although Mediator Had a Duty to Disclose Dealings with One of the Firms in the Litigation, Relief from Judgment Was Inappropriate Under Rule 60(b)
[Appealed from E.D. Tex., Judge Schneider]
Claim Terms Should Be Given Their Plain and Ordinary Meaning When No Lexicography or Disavowal Exists
[Appealed from S.D. Ind.,
Judge Magnus-Stinson]
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 |