May 2013
Prosecution Statements Distinguishing Prior Art May Serve as Disclaimer of Claim Scope
[Appealed from E.D. Tex., Judge Ward]
Affidavits or Declarations Are Not Always Required When Submitting Arguments Concerning Lack of Enablement of Prior Art Reference
[Appealed from Board]
For Obviousness, a Motivation to Combine Does Not Require a Suggestion That the Claimed Combination Is Preferred or Most Desirable
[Appealed from D. Nev., Judge Dawson]
Prosecution History Disclaimer Can Arise from an Applicant’s Silence in Response to Statements by the Examiner
[Appealed from S.D. Cal., Judge Benitez]
Complaints That Comply with Form 18 and Are Plausible Need Not Identify a Specific Accused Product to Satisfy Rule 8(a)
[Appealed from C.D. Cal., Judge Klausner]
Prior Suit Involving Materially Identical Products and Same Claim Term Collaterally Estops Relitigation of Infringement
[Appealed from S.D. Fla., Judge Zloch]
When Party Challenging Validity Fails to Cross-Appeal, Cross-Appeal Rule Precludes Reopening Prior Validity Judgment on Remand Based on Modified Claim Construction
No. 12-1247 (Fed. Cir. Apr. 19, 2013)
[Appealed from S.D.N.Y., Judge Griesa]
If the Meaning of a Claim Is Discernible, the Claim Is Not Indefinite
[Appealed from S.D.N.Y., Judge Hellerstein]
| 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 |
