October 2010
The Federal Circuit Upholds Eli Lilly and Company’s EvistaŽ Franchise to 2014
[Appealed from S.D. Ind., Judge Barker]
Korean Law Does Not Govern Successor Liability of Two U.S. Corporations
[Appealed from N.D. Cal., Magistrate Judge Spero]
Claimed Subject Matter That Can Be “Envisioned” from the Specification Fails to Meet the Written Description Requirement
[Appealed from Board]
Misidentifying Best Mode Did Not Warrant SJ and Trademark Counterclaims Met Case or Controversy Standard
[Appealed from E.D. Mo., Magistrate Judge Adelman]
DJ Action Based on Claim of Invalidity Not Barred by Settlement Agreement
[Appealed from D.D.C., Judge Friedman]
Selection of and Motivation to Modify a Lead Compound Follows from the Possession of Useful Properties, Not Mere Structural Similarity
[Appealed from D.N.J., Judge Martini]
Lost Profits Not Awarded Where the Patentee Corporation Did Not Sell Any Patented Products and Patentee’s Parent and Sister Companies Were Not Owners or Exclusive Licensees of the Patent
[Appealed from W.D. Tenn., Judge McCalla]
Patent Assignment Properly Transferred Ownership to Successor Corporations
[Appealed from C.D. Cal., Judge Feess]
Preamble Term That Is Not an Essential Component of the the Invention Should Not Be Construed as a Claim Limitation
[Appealed from D. Mass., Judge Ponsor]
Federal Circuit Permits Use of Industry Standards to Establish Direct Infringement
[Appealed from W.D. Wis., Chief Judge Crabb]
Summary Judgment Vacated After Erroneous Construction of Claim Term “Backplate”
[Appealed from S.D. Cal., Judge Sabraw]
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 |