February 2012
Claim Construction Not Based on the Intrinsic Record and Pursuit of Baseless Infringement Action Result in a $5 Million Fee Award
[Appealed from S.D. Ill., Chief Judge Herndon]
Market Need Properly Linked to the Invention Can Be Probative of
Long-Felt Need and Supportive of Nonobviousness
[Appealed from N.D. Ill., Judge Shadur]
The Existence of a Case or Controversy in a Patent Suit Must Be Evaluated on a Claim-by-Claim Basis
[Appealed from D. Neb., Chief Judge Bataillon]
Lack of Assignment Provision in a Consulting Agreement Leads to Loss of Patent Rights
[Appealed from N.D. Ala., Chief Judge Blackburn]
Scientist Who Contributed to the Method of Making a Novel Compound Is a Joint Inventor of a Claim Covering That Compound
[Appealed from N.D. Ohio, Senior Judge Dowd]
Statements During Reexamination Can Be Considered During Claim Construction
[Appealed from N.D. Ill., Judge Zagel]
Means-Plus-Function Claims Found Not Indefinite After Waiver of Argument in District Court
[Appealed from D.D.C., Judge Collyer]
| 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 |
