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

July 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.

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]
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Spotlight Info

Looking Ahead

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
Finnegan
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