Last Month at the Federal Circuit
December 2013
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| Patent App[eals] includes PDFs of all patent-related Federal Circuit decisions dating back to 2001. A user can search on keywords, judges, dates of decisions, lower court from which the case was appealed, case name, case number, and whether or not a case was heard en banc. In addition, cases summarized in Last Month at the Federal Circuit newsletter also include the Finnegan case summary. |
Prosecution History Estoppel Presumptively Applies When Amendments Narrow the Scope of the Original Claims in Response to Patentability Rejections
[Appealed from D. Ariz., Chief Judge Silver]
Patent Exhaustion Principles Apply to All Authorized Transfers of Title in Property Regardless of Whether the Transfer Constitutes a Gift or Sale
[Appealed from N.D. Cal., Judge Davila]
Conception and Reduction to Practice of a DNA May Be Established Without the Full and Correct Nucleotide Sequence
[Appealed from Board]
Withholding Information Contradicting a Legal Argument or Misrepresenting Information Supporting That Argument May Rise to Inequitable Conduct
[Appealed from S.D. Ohio, Judge Frost]
Permanent Injunction’s Causal Nexus Requirement Does Not Require That Patented Feature Be the Sole Reason for Consumer Demand
[Appealed from N.D. Cal., Judge Koh]
| Abbreviations | |
| 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 |
DISCLAIMER: The case summaries are intended to convey general information only and should not be construed as a legal opinion or as legal advice. The firm disclaims liability for any errors or omissions and readers should not take any action that relies upon the information contained in this newsletter. You should consult your own lawyer concerning your own situation and any specific legal questions. This promotional newsletter does not establish any form of attorney-client relationship with our firm or with any of our attorneys.
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