October 2012
To Prove Induced Infringement, a Patentee Must Show That All Steps of the Claimed Method Are Actually Performed, Not Just That the Accused Device Could Perform the Steps
[Appealed from E.D. Tex., Judge Davis]
A Negative Claim Limitation Has Adequate Written Description If the Specification Provides a Reason to Exclude the Limitation
[Appealed from D. Del., Chief Judge Sleet]
Grant of SJ That Prior Art References Are Not “Analogous Art” Affirmed
[Appealed from D. Utah, Judge Campbell]
After Therasense, Knowledge of a Reference’s Materiality Does Not Prove an Intent to Deceive the PTO
[Appealed from D. Nev., Judge Mahan]
DJ Plaintiff Licensee Bears Burden of Proving Noninfringement Where DJ Defendant Licensor Cannot File DJ Counterclaim Under the License
[Appealed from D. Del., Judge Robinson]
Obviousness by Combination of References Is Not Undermined by Inventor’s Declarations to the Contrary
[Appealed from Board]
Even If Statement Associated with Small Entity Fee Payment Is Per Se Material, Court Finds No Evidence of Intent to Deceive the PTO
[Appealed from N.D. Ga., Senior Judge Evans]
Jurisdiction for a DJ Patent Action Requires Sufficient Immediacy and Reality
[Appealed from W.D. Pa., Judge Fischer]
A “Clear Disavowal” in a Patent Specification Is Not Required to Disclaim Claim Scope
[Appealed from Board]
DOE Not Foreclosed Where Qualitative Claim Limitation Is Given a Quantitative Construction
Nos. 11-1584, -1585, -1586
(Fed. Cir. Sept. 28, 2012)
[Appealed from E.D. Tex., Judge Davis]
| 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 |
