December 2012
Online Article Need Not Be Indexed in a Database to Qualify as Publicly Available Prior Art
[Appealed from M.D. Fla., Senior Judge Fawsett]
Equitable Aspects Must Always Be Considered in Determining the Availability of Injunctive Relief Regarding Valid and Infringed Patents
[Appealed from D. Del., Chief Judge Sleet]
For Correction of Inventorship Under 35 U.S.C. § 256, the Laches Period Begins When the Patent Issues
[Appealed from S.D. Tex., Judge Ellison]
An Invention Is Obvious When It Is a Combination of Known Elements with No More Than Expected Results
[Appealed from ITC]
Objective Evidence of Nonobviousness Overcomes Prima Facie Case of Obviousness
[Appealed from S.D. Tex., Judge Hoyt]
Direct Purchasers Have Standing to Pursue Walker Process Antitrust Claims, Even If They Are Not Entitled to Seek DJ Under Patent Laws
[Appealed from N.D. Cal., Judge Fogel]
Assessing Indefiniteness with Respect to Means-Plus-Function Limitations Requires Disclosure of Structure Corresponding to Overall Function, Regardless of Whether Implementing That Function Was Known in the Art
[Appealed from E.D. Va., Senior Judge Payne]
In Patent Cases, Federal Circuit and Not Regional Circuit Standards Apply for Preliminary Injunction Likelihood of Success Test
[Appealed from D. Vt., Chief Judge Reiss]
Trademark and Patent Infringement Claims Constitute Separate Causes of Action
No. 11-1549 (Fed. Cir. Nov. 27, 2012
[Appealed from D. Minn., Chief Judge Davis]
Invalidation Under § 102(g) Does Not Require Prior Conception If There Was Prior Reduction to Practice
[Appealed from E.D. Va., Judge Smith]
Commercial Success of Embodiments Having Features Not Recited in the Claims May Be Considered When Determining Obviousness
[Appealed from D. Del., Judge Robinson]
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 |