June 2010
Court Finds No Inequitable Conduct Where Challenger Presented Evidence of Only Materiality
[Appealed from W.D. Pa., Chief Judge Ambrose]
Claims Are Construed in Light of the Originating Disclosure When a Party Challenges Written Description Support During an Interference Proceeding
[Appealed from Board]
No Interference−in−Fact Exists Because, Applying the Proper Construction, Junior Patent Is Not Obvious over Senior Reissue Application
[Appealed from E.D. Va., Judge Brinkema]
Distinct Enantiomers Are Different “Drug Products” and Properly Subject to Statutory Term Extensions
[Appealed from D.N.J., Chief Judge Brown]
Based on Defendants’ Trade Show Visits to Nevada, Court Finds Exercise of Personal Jurisdiction Appropriate
[Appealed from D. Nev., Judge Mahan]
New and Improved Drug Product Eligible for Patent Term Extension Pursuant to 35 U.S.C. § 156
[Appealed from E.D. Va., Judge O’Grady]
Cancellation Fee Not Required at the “Motion for Leave to Amend” Stage
[Appealed from TTAB]
Court Affirms Attorney Fees and Costs Based on Inequitable Conduct and Litigation Misconduct, and Reverses Postjudgment Interest Rate
[Appealed from W.D. Wash., Senior Judge Zilly]
[Appealed from C.D. Cal., Judge King]
After Jury Verdict of No Anticipation, Claims Invalidated as a Matter of Law by Prior Art System Described in Reference Modified After Critical Date
[Appealed from E.D. Tex., Judge Davis]
Three−Year Silence After Letter Claiming Infringement Barred Suit Under Equitable Estoppel
[Appealed from S.D.N.Y., Judge Chin]
Claim That a Patent Practitioner Breached His Fiduciary Duty Established Federal Jurisdiction, and Court Denies Sanctions for Allegedly Frivolous Appeal
[Appealed from N.D. Ga., Chief Judge Camp]
Honeywell Has Standing Under Invention Secrecy Act
[Appealed from Court of Federal Claims, Judge Braden]
ITC Misapplied “All or Substantially All” Test
[Appealed from ITC]
ITC Infringement Finding Upheld as to Imported Digital Televisions, but Not “Work−Around” Digital Televisions
[Appealed from ITC]
Patent Exhaustion Doctrine Retains a Territoriality Requirement
[Appealed from D.N.J., Judge Hayden]
Prudential Reasons and Perceived Increases in Efficiency Cannot Empower a Federal Court to Hear a Case Where No Case or Controversy Exists
[Appealed D.D.C., Judge Robertson]
[Appealed from D. Md., Judge Davis]
| 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 |
