July 2011
| Supreme Court Highlights |
[Appealed from Fed. Cir.]
35 U.S.C. § 282 Requires That an Invalidity Defense Be Proved by Clear and Convincing Evidence, but a Jury May Be Instructed to Evaluate Whether the Evidence Before It Is Materially New
Stream of Commerce Analysis Does Not Support General Jurisdiction over a Foreign Corporation
[Appealed from N.C. Ct. App.]
No Personal Jurisdiction Exists over a Foreign Party Because Simply Placing Goods in the Stream of Commerce, Without More, Is Not an Act Purposefully Directed to the Forum State
[Appealed from N.J. Sup. Ct.]
| Federal Circuit Cases |
[Appealed from E.D. Mo., Judge Perry]
Nonanalogous Prior Art Cannot Support an Obviousness Rejection
[Appealed from Board]
State of the Art Could Not Fill the Gaps in Disclosure for Written Description Support Where the Specifications Indicated Unpredictability and a Lack of Knowledge in the Art
[Appealed from D. Del., Judge Robinson]
The Read “Enhanced Damages” Standard Must Be Applied Separately from the Seagate “Willful Infringement” Standard
[Appealed from D. Minn., Judge Schlitz]
Claim Terms Held Are Not
Means-Plus-Function Limitations When Claim Language, in View of Written Description, Recites Sufficiently Definite Structure
[Appealed from D. Del., Judge Robreno]
Prior Art Range Encompassing the Claimed Invention Creates a Rebuttable Presumption of Obviousness
[Appealed from D.N.J., Judge Chesler]
“Competing Patents” Not Sufficient to Confer DJ Jurisdiction
[Appealed from S.D. Fla., Judge Gold]
Materiality and Intent Are Not a Part of Sliding Scale in Inequitable Conduct Analysis
[Appealed from S.D. Cal., Judge Sabraw]
| 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 |
