Last Month at the Federal Circuit
Last Month at the Federal Circuit

January 2013

Claim Vitiation Is Not an Exception to DOE

[Appealed from S.D. Iowa, Senior Judge Wolle]

Under Illinois Law, Failure to Assert Patent-Based Defenses in Contract Cases May Have Preclusive Effect in Later Related Actions

[Appealed from C.D. Ill., Judge McDade]

Patent Act Precludes Review of Issued Patents Under the APA

[Appealed from E.D. Va., Judge Lee]

Reissue Application Cannot Be Used to Withdraw a Terminal Disclaimer from an Issued Patent

[Appealed from Board]

Unreasonable Claim Constructions That Are Contrary to Intrinsic Evidence Warrant Rule 11 Sanctions

[Appealed from E.D. Tex., Judge Davis]

Retroactive Elimination of the Qui Tam Provision of the Federal False Marking Statute Does Not Violate the Due Process Clause of the Constitution

[Appealed from N.D. Cal., Judge Breyer]

Whether Earlier Disclosed Genus Anticipates Later Claimed Species Necessarily Includes Factual Component That Can Preclude SJ

[Appealed from C.D. Cal., Judge Real]

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Looking Ahead

No Inference of Deceptive Intent Where It Is “Equally Plausible” That Patent Owner Believed Prosecution Requirements Had Been Met
[Appealed from D. Del., Judge Farnan, Jr.]

Wheel Games Are Not Shown to Be an Economically Distinct Relevant Market

[Appealed from D. Nev., Judge Jones]

Patent License Extends to Reissue Patents Unless Contrary to Intent of Parties
No. 11-1448 (Fed. Cir. Dec. 17, 2012)
[Appealed from E.D. Tex., Chief Judge Folsom]

Applicant’s COCK SUCKER Mark for Chocolate Rooster-Shaped Suckers Is Vulgar and Unregistrable

[Appealed from TTAB]

Infringing Direct Competitor Strongly Supports Irreparable Harm Finding, Even Where Plaintiff’s Product Does Not Practice the Patent

[Appealed from S.D. Cal.,
Chief Judge Gonzalez]

Stephen Slesinger Estopped from Challenging Disney’s Ownership of Winnie-the-Pooh Trademarks

[Appealed from TTAB]

Board’s Obviousness and Nonobviousness Determinations Affirmed for Claims to Cartons for Dispensing Cans

[Appealed from Board]

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