April 2011
False Marking Claims Must Be Pled with Particularity
[Appealed from N.D. Ill., Judge Gettleman]
PTO Confirmation of Validity in a Related Reexamination Proceeding, Even If Later Revoked, Can Provide Evidence of a Reasonable Basis for Patentee’s Validity Arguments in the Context of a Motion for Attorney’s Fees
[Appealed from N.D. Ohio, Senior Judge Dowd]
Resolving Disparate Claim Constructions by Two District Courts
[Appealed from E.D. Va., Judge Smith;
N.D. Cal., Judge Hamilton]
Federal Circuit Vacates SJ of Nonobviousness Based on Erroneous Findings as to the Analogousness of the Prior Art and the Level of Skill in the Art
[Appealed from E.D. La., Judge Feldman]
Prior Litigation Involving the Same Patent Cannot Override a Compelling Showing That Transfer Is Warranted Under 28 U.S.C. § 1404(a)
[Appealed from E.D. Tex., Judge Ward]
A Cross-Appeal Is Improper When It Would Not Expand the Scope of a District Court Judgment in Favor of the Cross-Appellant
[Appealed from D. Del., Chief Judge Sleet]
Federal Circuit Affirms Finding of No Likelihood of Confusion Between CITIBANK Marks and CAPITAL CITY BANK Marks
[Appealed from TTAB]
Prima Facie Case Established When Examiner Sufficiently Articulates Statutory Basis of Rejection and Identifies References Relied Upon
[Appealed from Board]
Federal Circuit Imposes Sanction for Improperly Marking as Confidential Legal Arguments That Do Not Disclose Facts or Figures of Genuine Competitive or Commercial Significance
[Appealed from D.N.J., Judge Pisano]
| 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 |
