Last Month at the Federal Circuit
January 2010
Federal Circuit Again Orders Transfer from Eastern District of Texas
[Appealed from E.D. Tex., Chief Judge Folsom]
Finding a Patent Obvious Using Common Sense Requires Reasoning Articulated with Clarity
[Appealed from S.D. Fla., Senior Judge Ryskamp]
When a Claim Element Is Undetectable in a Product, a Patent May Not Be Unenforceable Due to Laches
[Appealed from C.D. Cal., Chief Judge Stotler]
Implied Assertion of Patent Rights Sufficient to Give Rise to DJ Jurisdiction
[Appealed from D. Del., Judge Robinson]
Don’t Quote the District Court:
Federal Circuit Reverses SJ Decisions on Invalidity and Infringement in Light of Issues of Material Fact
[Appealed from D.N.J., Senior Judge Debevoise]
Suit Dismissed Based on Prior Agreements for Failure to Prove Ownership of Patents
[Appealed from D. Conn., Judge Arterton]
Federal Circuit Again Orders Transfer from Eastern District of Texas
[Appealed from E.D. Tex., Chief Judge Folsom]
Finding a Patent Obvious Using Common Sense Requires Reasoning Articulated with Clarity
[Appealed from S.D. Fla., Senior Judge Ryskamp]
When a Claim Element Is Undetectable in a Product, a Patent May Not Be Unenforceable Due to Laches
[Appealed from C.D. Cal., Chief Judge Stotler]
Implied Assertion of Patent Rights Sufficient to Give Rise to DJ Jurisdiction
[Appealed from D. Del., Judge Robinson]
Don’t Quote the District Court:
Federal Circuit Reverses SJ Decisions on Invalidity and Infringement in Light of Issues of Material Fact
[Appealed from D.N.J., Senior Judge Debevoise]
Suit Dismissed Based on Prior Agreements for Failure to Prove Ownership of Patents
[Appealed from D. Conn., Judge Arterton]
Court Upholds SJ of Noninfringement Where Patentee Did Not Link Its Expert’s Statements Regarding Claimed Structures to Elements in the Accused Device
[Appealed from E.D. Mich., Senior Judge Cohn]
Ordinary Observer Test Is the Sole Test for Anticipation of Design Patents
[Appealed from S.D. Fla., Senior Judge Ryskamp]
Federal Circuit Orders Transfer from Eastern District of Texas Yet Again
[Appealed from E.D. Tex., Judge Davis]
Permanent Injunction Against Microsoft Is Proper Where Scope of Injunction Is Narrow and Monetary Damages Are Inadequate
[Appealed from E.D. Tex., Judge Davis]
Federal Circuit Rejects PTO’s Bright-Line Rule That a Picture Is Required for a Website-Based Specimen of Use
[Appealed from TTAB]
35 U.S.C. § 292 Requires Courts to Impose Penalties for False Marking on a Per Article Basis and Not Per Each Decision to Mark
[Appealed from C.D. S.D. Tex., Judge Atlas
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 |
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