June 2011
Reissue Claims Rejected for Impermissibly Recapturing Subject Matter Surrendered During Prosecution of Original Patent Application
[Appealed from Board]
[Appealed from N.D. Cal., Senior Judge Whyte]
Evidence of Secondary Considerations Can Be Commensurate with the Scope of the Claims Without Testing or Selling Every Conceivable Embodiment of the Claims, but There Must Be a Nexus to the Novel Aspects of the Claimed Invention
[Appealed from Board]
[Appealed from D. Del., Judge Robinson]
A Supplier Has Standing to Bring a DJ Action When the Patentee’s Actions Imply That the Supplier Contributorily Infringes
[Appealed from N.D. Ga., Judge Pannell]
A Combination of Ingredients from Two Separate Solutions Previously Used Together as Part of an Overall Treatment Regimen Is Not Necessarily Obvious
[Appealed from D. Del., Chief Judge Sleet]
Failure to Pay Royalties Does Not Convert Authorized Sale of Licensed Product into Unauthorized Sale Under Exhaustion Doctrine
[Appealed from ITC]
Standing Under California’s Unfair Competition Laws Only Requires an Allegation of an Injury in Fact That Was Caused by Defendants’ Unfair Competition
[Appealed from C.D. Cal., Judge Selna]
Federal Circuit En Banc Tightens the Standards for Inequitable Conduct for Both Intent and Materiality
[Appealed from N.D. Cal., Judge Alsup]
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 |