April 2014
Ordinary Meaning of Claim Term Prevails in Absence of Redefinition or Disclaimer
[Appealed from N.D. Cal., Judge Rogers]
Preissuance Conduct and History of Related Litigation Establish DJ Jurisdiction on Just-Issued Patent
[Appealed from N.D. Cal., Magistrate Judge Seeborg]
District Court Did Not Err in Denying Attorneys’ Fees for Appeal and Remand Proceedings That Were Not Independently Exceptional
[Appealed from N.D. Cal., Judge Alsup]
Enablement Analysis Requires Showing That Undue Experimentation Would Be Necessary in Order to Practice the Claimed Invention
[Appealed from D. Del., Judge Davis]
Sanction of Civil Contempt Reversed Where Defendant Did Not Violate Any Unequivocal Command in the Court’s Order
[Appealed from E.D. Va., Judge Jackson]
Where Neither Claim Preclusion nor Issue Preclusion Bar Assertion of Claims, the Kessler Doctrine Bars Assertion of New Claims of the Same Patent Previously Held Noninfringing in an Earlier Action
[Appealed from S.D. Cal., Judge Bencivengo]
Court Affirms TTAB’s Reliance on Scope of Services Recited in Trademark Application When Denying Registration of Mark for Likelihood of Confusion
[Appealed from TTAB]
Jurisdiction Under DJ Act Requires Actual Controversy
[Appealed from N.D. Tex., Judge Solis]
Claim Preclusion Barred Subsequent Infringement Action Despite Intervening Reexamination
[Appealed from D. Del., Judge Robinson]
Abbreviations | |
ALJ | Administrative Law Judge |
ANDA | Abbreviated New Drug Application |
APA | Administrative Procedures Act |
APJ | Administrative Patent Judge |
Board | Patent Trial and Appeal Board (formerly the 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 |