Last Month at the Federal Circuit
November 2014
Claims Indefinite for Lacking Sufficient Structure When Specification Provides Only Functional Descriptions of Claim Terms
No. 14-1040 (Fed. Cir. Oct. 14, 2014)
[Appealed from E.D. Mich., Judge Cleland]
JMOL of Noninfringement Appropriate Where Patent Owner Failed to Argue Infringement Based on Narrower Construction
[Appealed from E.D. Tex.,
Magistrate Judge Payne]
Finding District Court Abused Its Discretion by Attaching Fee-Shifting Condition to Authorization to Supplement Preliminary Infringement Contentions
[Appealed from S.D. Cal., Judge Sammartino]
Specification Provides Proper Construction to Resolve Ambiguities in Claim Language
[Appealed from D. Or., Magistrate Judge Acosta]
Federal Circuit Finds Airline Exempt from Infringement Liability for Electronic Passport Use on Behalf of the United States Government
No. 10-1051 (Fed. Cir. Oct. 21, 2014)
[Appealed from E.D.N.Y., Chief Judge Amon]
Pricing and Contracting Negotiations Do Not Constitute or Transform Substantial Extraterritorial Activities into a Sale or Offer to Sell Under
§ 271(a)
[Appealed from D. Nev., Judge Pro]
Abbreviations | |
AIA | America Invents Act |
ALJ | Administrative Law Judge |
ANDA | Abbreviated New Drug Application |
APA | Administrative Procedures Act |
APJ | Administrative Patent Judge |
Board | Patent Trial and Appeal Board (formerly the 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 |
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