March 2014
Examiners May Not Rely on Extrinsic Dictionary Definitions Inconsistent with Intrinsic Evidence for Claim Construction
[Appealed from Board]
An Invention Conceived by a Foreign Inventor and Reduced to Practice in the United States Qualifies as Prior Art Under § 102(g)(2)
[Appealed from D. Del., Judge Robinson]
Plain and Ordinary Meaning Applied Where Patentee Did Not Clearly Express an Intent to Redefine the Claim Term
[Appealed from D. Del., Judge Robinson]
DOE Not Limited by the Foreseeability of Equivalents
[Appealed from W.D. Wash., Judge Martinez]
Mere Possibility of Different Results from Different Measurement Techniques to Determine a Claimed Value Does Not Render a Claim Indefinite
[Appealed from D.N.J., Judge Pisano]
SJ of Noninfringement Vacated Where Record Was Insufficient to Provide Proper Claim Constructions
[Appealed from S.D. Tex., Judge Hughes]
En Banc Federal Circuit Confirms De Novo Appellate Review of Claim Construction
[Appealed from N.D. Tex., Judge O’Connor]
The Structural Definition of Species Properties May Provide Adequate Written Description of a Genus
[Appealed from D. Del., Judge Andrews]
Ambiguity as to Whether a Patentee Intended to Depart from the Ordinary Meaning of a Term Does Not Indicate a Clear Intent to Depart
[Appealed from D. Del., Chief Judge Sleet]
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 |