Last Month at the Federal Circuit
Last Month at the Federal Circuit

April 2010

New Trial Required Because of Inconsistent Jury Verdict on Obviousness
[Appealed from E.D. Pa., Judge Tucker]

Court Finds Sports Memorabilia Patents Obvious in View of Nonsports Prior Art in View of Secondary Objective Evidence

[Appealed from C.D. Cal., Senior Judge Stotler]

Patent Prosecution Malpractice Claim Properly Dismissed Because of Plaintiff’s Failure to Show That Her Alleged Invention Was Patentable

[Appealed from N.D. Ohio, Judge Lioi]

Patents Invalidated for Failing to Disclose Best Mode

[Appealed from ITC]

Ornamental Elements, Not Functional Elements, Are Protected in a Design Patent

[Appealed from D. Ariz., Judge Wake]

Inventor Not Permitted to Change Deposition Testimony Invalidating Patent Under On-Sale Bar

[Appealed from S.D. Fla., Judge Jordan]

Federal Circuit Lacked Jurisdiction Where Breach-of-Contract Claim Did Not Present a Disputed Issue of Patent Law

[Appealed from D. Colo., Senior Judge Weinshienk]

Despite Indicators of Good Faith, Federal Circuit Upholds $90 Million Contempt Order Based on Redesign

[Appealed from E.D. Tex., Judge Folsom]

 

 

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Spotlight Info

Looking Ahead

A Single Factor of Dissimilarity of Marks Precluded Likelihood of Confusion Between Farm Boy Design Trademarks

[Appealed from TTAB]

En Banc Court Confirms Existence of Written Description Requirement Separate from Enablement

[Appealed from D. Mass., Judge Zobel]

Intended Use Language in Claim Preamble Was Not a Claim Limitation

[Appealed from C.D. Cal., Judge Wu]

Language of Magnitude Can Be Definite Without Reference to a Precise Numerical Range If the Intrinsic Evidence Provides Sufficient Comparative Information
[Appealed from D. Conn., Judge Arterton]

Court Affirms Claim Construction of “POL Regulator” and Denial of JMOL of Invalidity Based on Obviousness
[Appealed from E.D. Tex., Magistrate Judge Love]

District Court Lacks Discretion to Remand Claims Arising Under Federal Patent Law to State Court

[Appealed from C.D. Cal., Judge Pregerson]

Trial Courts Cannot Look to the Prior Art Merely Listed in a Patent Specification to Provide Corresponding Structure for a
Means-Plus-Function Limitation


[Appealed from E.D. Tex., Judge Clark]


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