August 2012
Presumption of Validity of an Issued Patent Is Unchanged by Mistaken Issuance of a Claim or Previous Consideration of Prior Art by the PTO
[Appealed from D. Del., Judge Kugler]
Circuitry Components May Be “Coupled” Without Existing Entirely Outside of One Another
[Appealed from ITC]
Claims Directed to Statutory Subject Matter Under 35 U.S.C. § 101 Unless Unpatentability Is “Manifestly Evident”
[Appealed from D.D.C., Judge Collyer]
In Pre-2007 TTAB Cases, Party Seeking to Exclude Trial Evidence Not Produced By Adversary During Discovery Must First File Motion to Compel
[Appealed from TTAB]
“Hereby Assign” Language in Employment Agreement Automatically Assigned Rights to Employer Without the Need for an Additional Act
[Appealed from D. Wyo., Judge Johnson]
In an Interference Proceeding, a Party Can Rely on a Claim to Priority Under § 120 to Overcome a § 135(b)(2) Bar
[Appealed from Board]
Fairness Considerations Required Under Ninth Circuit Law When Determining Scope of Extrajudicial Waiver of Attorney-Client Privilege
[Appealed from N.D. Cal., Judge Fogel]
Machine-or-Transformation Test Fails When Computer in Patent Claims Performs Only Calculations
[Appealed from E.D. Mo., Judge Jackson]
Pendent Appellate Jurisdiction Under Swint Does Not Generally Extend to Appeals of Unquantified Sanctions
[Appealed from S.D. Fla., Judge Jordan]
Case Dismissed and Sanctions Imposed for Repeated and Willful Failure to Respond to Contention Interrogatory
[Appealed from E.D.N.Y., Judge Seybert]
Anticipatory Nonpatent Publications Are Presumed Enabled
No. 11-1465 (Fed. Cir. July 27, 2012)
[Appealed from Board]
Arguments During Prosecution About Prior Art, Without Relation to Invention, Do Not Invoke Doctrine of Prosecution Disclaimer
[Appealed from C.D. Cal., Judge Zouhary]
A Company May Draft Its Own Use Code When Corrections Are Required Under 21 U.S.C. § 355(j)(5)(C)(ii)(I)
[Appealed from E.D. Mich., Judge Cohn]
Prosecution Disclaimers Must Be Clear and Unmistakable to Limit Claim Scope
[Appealed from E.D. Va., Senior Judge Hilton]
| 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 |
