November 2011
Reexamination Estoppel Takes Effect Only After All Appeal Rights Are Exhausted
[Appealed from N.D. Ohio, Judge Zouhary]
Expenditures on Patent Litigation Do Not Automatically Constitute Evidence of a Substantial Investment in the Exploitation of a Patent
[Appealed from ITC]
Board Erred by Relying on New Factual Findings Without Designating a New Ground of Rejection
[Appealed from Board]
Patentee Cannot Assert That an Allegedly Infringed Claim Element Is a Trade Secret
[Appealed from D. Mass., Judge Saris]
Federal Circuit Affirms SJ Decision Based on Multiple Claim Construction Determinations
[Appealed from D. Del., Judge Robinson]
Failure to Object to Special Master’s Claim Construction Within Period Specified by Court Order or Federal Rules Results in Waiver
[Appealed from S.D. Tex., Senior Judge Werlein]
eBay Ended Presumption of Irreparable Harm in Determining the Appropriateness of Injunctive Relief, but the Fundamental Nature of Patents as Property Rights May Not Be Ignored
[Appealed from D. Del., Judge Robinson]
Agreement with a Formula Calculating “Actual Damages” Precludes Prejudgment Interest
[Appealed from S.D.N.Y., Judge Stein]
Section 146 Establishes De Novo Review
[Appealed from D. Neb., Chief Judge Bataillon]
| 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 |
