Last Month at the Federal Circuit
February 2010
Claim Terms Should Be Construed in View of the Originating Disclosure When Challenged for Written Description Support in Interference Proceeding
[Appealed from W.D. Wash., Judge Pechman]
PTO Incorrectly Calculated Patent Term Adjustments in Situations of Overlapping PTO Delays
[Appealed from D.D.C., Judge Robertson]
Federal Circuit Vacates SJ of Noninfringement After Finding Claim Construction Too Narrow
[Appealed from S.D.N.Y., Judge McMahon]
§ 121 Applies to a Divisional of a Divisional—Even One Filed Voluntarily, Claiming Several
Nonelected Inventions
[Appealed from D. Del., Judge Farnan]
Federal Circuit Finds Inequitable Conduct Based on Applicant’s Conflicting Statements Made to the EPO
[Appealed from N.D. Cal., Judge Alsup]
Erroneous Jury Instructions Not Grounds for Overturning a Verdict Where Jury Is Not Prejudiced
[Appealed from N.D. Cal., Judge Alsup]
| 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 |
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