June 2012
Test for Joinder Is Satisfied When the Facts Giving Rise to the Cause of Action Against Each Defendant Substantially Overlap
[Appealed from E.D. Tex., Judge Schneider]
Likelihood of Patentability Needed to Avoid SJ in Suit-Within-a-Suit Prosecution Malpractice Case
[Appealed from D.N.J., Judge Martini]
Court Reverses Claim Construction Not Supported by Claim Language and Specification
[Appealed from N.D. Ill., Judge Lefkow]
[Appealed from D.N.J., Judge Cooper]
Social Networking Patent Invalidated Due to Offer for Sale Under 35 U.S.C. § 102(b)
[Appealed from D. Del., Judge Stark]
Actual Reduction to Practice Is Not Required for Inherent Anticipation of a Therapeutic Method
[Appealed from Board]
Prior Art Disclosure Establishes the Ceiling for Surrendered Subject Matter in a Recapture Rule Analysis
[Appealed from Board]
Causal Nexus Required Between Accused Infringement and Alleged Harm to Warrant a Grant of Preliminary Injunction
[Appealed from N.D. Cal., Judge Koh]
Court Affirms Board’s Decision of Unpatentability Despite Previous Affirmance of Earlier Declaration of Validity by District Court
[Appealed from Board]
Divided Panel Affirms Finding of Motivation to Combine Implant
Cross-Linking Patents
No. 11-1239 (Fed. Cir. May 24, 2012)
[Appealed from Board]
Technology Is Not Necessarily Obvious Simply Because It Is Easily Understood
[Appealed from S.D. Cal., Judge Lorenz]
Nonparty Acting in Concert with Enjoined Party May Be Held in Contempt of Injunction
Nos. 11-1471, -1472 (Fed. Cir. May 31, 2012)
[Appealed from M.D. Ga., Judge Land]
*A summary of Otsuka Pharmaceutical Co. v. Sandoz, Inc. is not included in this edition of the newsletter.
| 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 |
