August 2013
Cancellation of Claims by the PTO During Reexamination Is Binding in Concurrent Infringement Litigation
[Appealed from N.D. Cal., Judge Hamilton]
Board Decisions in Cases Where the Facts Are Largely Undisputed May Not Be Subject to a Substantial Evidence Standard of Review
[Appealed from Board]
Additional Detail Provided in Board’s Explanation Does Not Constitute New Ground of Rejection
[Appealed from Board]
Written Description Not Satisfied for Narrow Claims Where Disclosure Provides Only Generalized Guidance That May or May Not Lead to Useful Result
[Appealed from W.D. Wis., Senior Judge Crabb]
Court Finds Inadequate Written Description for Certain Claims Requiring the Exclusion of a Specific Species
[Appealed from Board]
For SJ, a Court Must Accept the Nonmoving Party’s Expert’s Factual Assertions as True
[Appealed from S.D. Iowa, Senior Judge Wolle]
Contradictory Statements in Prosecution May Lead to Invalidity by Indefiniteness
Nos. 12-1567, -1568, -1569, -1570
(Fed. Cir. July 26, 2013)
[Appealed from S.D.N.Y., Judge Jones]
Patentee’s Election of Species in Response to Ambiguous Restriction Requirement During Prosecution Is Not a Basis for Narrowly Construing a Broadly Drafted Claim
[Appealed from N.D. Cal., Magistrate Judge Zimmerman]
Webinar: Recent Supreme Court and Federal Circuit Cases Affecting Patentable Subject Matter
September 4, 2013
| 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 |
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