May 2012
Defining Words Appearing in Construction of a Claim Term, Not the Claim Term Itself, Also Requires Following the Intrinsic Evidence
[Appealed from N.D.N.Y., Senior Judge Kahn]
Mark Denied Registration for Descriptiveness Because Mark Immediately Conveys Information About Designated Services
[Appealed from TTAB]
An Inventor’s Lack of Credibility Can Lead to a Conclusion of Intent to Deceive and a Finding of Inequitable Conduct
[Appealed from D. Del., Chief Judge Sleet]
Litigation Settlement Negotiations Related to Reasonable Royalties and Damage Calculations Are Not Protected by a Settlement Negotiation Privilege
[Appealed from N.D. Ill., Judge Chang]
Software-Related Means-Plus-Function Claims Found Indefinite for Lack of Algorithmic Structure Corresponding to One of Multiple Identified Functions
[Appealed from W.D. Pa., Judge Schwab]
Federal Circuit Affirms TTAB Decision Finding Design of a Closure Cap for Blood Collection Tubes Functional and Not Entitled to Registration
[Appealed from TTAB]
No Liability for Induced Infringement Where Drug Label Does Not Instruct the Patented Method of Use
[Appealed from S.D.N.Y., Judge Gardephe]
DJ Jurisdiction Exists Even If the Action May Later Become Moot
[Appealed from D. Del., Judge Stark]
Federal Circuit Reaffirms Broad and Expansive Obviousness Inquiry, Rejecting a Formal Burden-Shifting Framework
Nos. 11-1399, -1409 (Fed. Cir. Apr. 16, 2012)
[Appealed from D. Del., Judge Robinson]
Federal Circuit Considers Transferred Patent-Related State Law Malpractice Case, but Questions Balance Between Federal and State Judicial Responsibilities
[Appealed from W.D. Tex., Chief Judge Biery]
Federal Circuit Has Jurisdiction over State Law Fraud Claim Arising out of Patent Prosecution
No. 11-1297 (Fed. Cir. Apr. 23, 2012)
[Appealed from N.D. Cal., Judge Fogel]
| 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 |
