January 2014
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| 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, cases summarized in Last Month at the Federal Circuit newsletter also include the Finnegan case summary. |
Request for Declaratory Relief Dismissed Under the First-to-File Rule When Infringement and Invalidity Claims to Be Tried in the Earlier-Filed Case
[Appealed from C.D. Cal., Judge Guildford]
Cost of Creating Produced Duplicates Are Included Under 28 U.S.C. § 1920(4), but Preparatory or Ancillary Costs Associated with Duplication Are Not
[Appealed from N.D. Ga., Judge Thrash]
ITC Lacks Authority to Issue Exclusion Orders Based on Theory of Induced Infringement Where Underlying Direct Infringement Occurs Postimportation
[Appealed from ITC]
Invalidity Not Proven by Feature in Prior Art Device and Domestic Industry Requirement Satisfied by Investment in Software Specifically Tailored for Use in Patented Mobile Device
[Appealed from ITC]
Totality of Circumstances, Including Objective Baselessness, Should Be Considered When Determining Subjective Bad Faith Under 35 U.S.C. § 285
[Appealed from N.D. Cal., Judge Illston]
Federal Food, Drug, and Cosmetic Act Does Not Preempt State’s Regulation of Prescription Drugs
[Appealed from C.D. Cal., Judge Selna]
Knowledge of a Goal Does Not Render Its Achievement Obvious
[Appealed from Board]
| 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 |
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