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

September 2010

Divorce Decree Conveying Ownership Interest in Asserted Patents Deemed to Have Preclusive Effect in Patent Infringement Suit

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

Prosecution History Estoppel Does Not Bar Application of DOE for Patent Directed to DNA Encoding

[Appealed from D.D.C., Judge Kennedy]

Pharmacokinetic Claim Terms Need Not Refer to Complete FDA Regulations, and Infringement May Be Proven with Indirect Evidence and Through DOE

[Appealed from W.D. Mich., Judge Quist]

An Inference of an Intent to Deceive and an Equally Reasonable Inference Finding No Intent to Deceive Fails the Clear and Convincing Evidence Standard for Establishing Inequitable Conduct

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

Federal Circuit Vacates and Remands Inequitable Conduct Determination for Further Factual Findings, and Affirms JMOL of No Joint Infringement

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

Means-Plus-Function Element Having Two Functions Must Be Construed to Include Both Functions, Regardless of Placement of Modifier

[Appealed from N.D. Ohio, Judge O’Malley]

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