October 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. |
Claims Directed to Transaction Performance Guaranty Held Patent Ineligible Under § 101
No. 13-1575 (Fed. Cir. Sept. 3, 2014)
[Appealed from D. Del., Judge Stark]
During Claim Construction, Neither Importing Limitations from nor Reading Out a Preferred Embodiment Is Proper
[Appealed from D.D.C., Judge Nickerson]
The “Analogous Art” Inquiry Considers the Similarities of the Problems and the Closeness of the Subject Matter as Viewed by a Person of Ordinary Skill
[Appealed from Board]
Reexamination Proceedings Do Not Toll the Six-Year Delay for a Presumption of Laches
[Appealed from W.D. Ky., Chief Judge McKinley, Jr.]
It Is Impermissible to Collaterally Attack the Board’s Decision to Institute Covered Business Method Review in Opposing a District Court’s Stay Decision
Nos. 14-1122, -1124, -1125
(Fed. Cir. Sept. 25, 2014)
[Appealed from D. Del., Judge Stark]
ITC May Enforce a Consent Order Against a Party to an Investigation When the Party Aids a Third Party’s Importation of Products in Violation of the Consent Order
[Appealed from ITC]
Court Can Infer Intent to Deceive PTO from Possession of Undisclosed Material Information and Knowledge of Its Materiality
[Appealed from S.D. Cal., Judge Sabraw]
Where Patentee Failed to Rebut Presumption of Prosecution History Estoppel, the Patentee Is Barred from Asserting that the Accused Device Infringes Under the DOE
[Appealed from D. Mass., Judge Woodlock]
| Abbreviations | |
| AIA | America Invents Act |
| 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 |
| Follow us on |  |
 |
 |