April 2012
Panel Majority Rejects Consideration of Patentability Under Section 101 as an Antecedent Question Before Considering Invalidity
[Appealed from N.D. Cal., Judge LaPorte]
Two-Year Limit for Filing Broadening Reissue Application Under 35 U.S.C. § 251 Applies Only to Filing Date of First Broadening Reissue Application
[Appealed from Board]
“Reasonable Manners” Standard Does Not Apply to Ex Parte Trademark Examinations
[Appealed from TTAB]
Federal Circuit Rejects Limiting Claim Construction, Choosing Instead to Give Effect to Each Claim Term
[Appealed from E.D. Va., Judge Friedman]
Res Judicata Does Not Bar Patent Infringement Litigation Where the Accused Devices Did Not Exist at the Outset of the Prior Litigation
[Appealed from S.D. Fla., Judge Cooke]
[Appealed from Fed. Cl., Judge Damich]
En Banc Court Holds that Intervening Rights Are Invoked for New or Amended Claims Only
[Appealed from D.N.H., Judge DiClerico, Jr.]
Product Marks Are Entitled to Independent Strength Even When Advertised with Famous House Marks
[Appealed from TTAB]
Telephone Conversation Is Sufficient To Support DJ Jurisdiction
[Appealed from D. Minn., Chief Judge Davis]
Means-Plus-Function Limitations Are Indefinite Under 35 U.S.C. § 112, ¶ 2 Where Specially Adapted Computer Is Required, But Patent Does Not Disclose Algorithm
[Appealed from D. Me., Judge Singal]
Decision Compelling Arbitration Affirmed Where Valid Agreement Exists
[Appealed from W.D. Wis.. Judge Crabb]
| 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 |
