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

January 2011

Case Transferred from the Eastern District of Texas to the Northern District of California
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[Appealed from E.D. Tex., Magistrate Judge Everingham]

Federal Circuit Invalidates as Obvious Patent That Updates a Prior Art System with Modern Electronic Devices

[Appealed from W.D. Tex., Judge Sparks]

Inventions with Specific Improvements to Existing Technologies Are Not Invalid Under 35 U.S.C. § 101

[Appealed from D. Ariz., Judge Jones]

Prosecution History Estoppel from Distinguishing Argument Overcomes Claim Differentiation Based on Facially Narrower Dependent Claim

[Appealed from W.D. Pa., Chief Judge Ambrose]

Entry of Stipulated Final Judgment Does Not Waive Right to Appeal

[Appealed from E.D. Tenn., Magistrate Judge Inman]

Transfer out of Eastern District of Texas Denied as Trial Courts Receive Considerable Discretion in Venue Determinations

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

Eligibility of Claims Previously Held Valid Under Machine-or-Transformation Test Reaffirmed

[On remand from S. Ct.]

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Agency Relationship or Contractual Obligation to Perform Steps Required for a Finding of Joint Infringement

[Appealed from D. Mass., Judge Zobel]

ITC Not Required to Apply Four-Factor Test for Injunctive Relief
[Appealed from ITC]

Reasonable Mistakes and Poor Judgment During Prosecution Do Not Amount to Inequitable Conduct

[Appealed from S.D.N.Y., Senior Judge Griesa]

District Court’s Grant of Postverdict JMOL Affirmed Where Plaintiff Failed to Present Sufficient Evidence for His State Law and Inventorship Claims

[Appealed from N.D. Cal., Senior Judge Jensen]

Plaintiff Who Won Inventorship Claims but Lost State Law Claims Is Not the Prevailing Party and Must Pay Defendants’ Costs

[Appealed from N.D. Cal., Senior Judge Jensen]

A Party Holding One or More of the Exclusionary Rights Created by the Patent Act Has Standing to Sue When an Unauthorized Party Encroaches upon Those Rights
[Appealed from E.D. Va., Senior Judge Payne]

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