March 2012
Clear and Explicit Statements Are Required to Redefine Claim Terms or Disavow Claim Scope
[Appealed from D.N.J., Chief Judge Brown]
To Overcome § 135(b)(1) Precritical Date, Claims Need to Be Compared to Postcritical Date Claims, Not Copied Patent Claims
[Appealed from Board]
Means-Plus-Function Element Limited to Single Disclosed Structure and Equivalents Thereof
[Appealed from E.D. Tex., Magistrate Judge Giblin]
Federal Circuit Rejects Constitutional Challenge to ITC’s Authority to Levy and Enforce Civil Penalty
[Appealed from ITC]
ANDA Seeking to Market a Drug for Unpatented Uses Cannot Infringe Method of Use Patents Under 35 U.S.C. § 271(e)(2)
[Appealed from D. Del., Judge Kugler]
Federal Circuit Draws the “Final Curtain” on a Long Saga, Affirming the District Court’s Decision That the Patent-in-Suit Is Not Invalid and Is Willfully Infringed
[Appealed from D. Ariz., Judge Murguia]
Broad Range in Prior Art Anticipates Narrow Range in Claims
[Appealed from E.D. Tex., Judge Davis]
Failure to Present Sufficient Evidence Results in Unsuccessful Attempts to Oppose Trademark Registration for the COACH Mark
[Appealed from TTAB]
Connections to the Physical World Through Deeds, Contracts, and Real Property Fail to Render Claims Directed to an Investment Tool Patent Eligible Under 35 U.S.C. § 101
[Appealed from C.D. Cal., Judge Guilford]
A Party to an Interference Proceeding May Rely on Multiple Precritical Date Claims to Support a Postcritical Date Challenge to a Patent
[Appealed from Board]
Federal Circuit Remands Issues Decided by Initial Determination but Not Substantively Reviewed by the ITC
[Appealed from ITC]
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 |