August 2014
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| Patent App[eals]® includes PDFs of all patent-related Federal Circuit decisions dating back to 2001. A user can search on keywords, judges, dates of decisions, lower court from which the case was appealed, case name, case number, and whether or not a case was heard en banc. In addition, if the decision was summarized in Last Month at the Federal Circuit, the Finnegan case summary is included. |
Speculative Injury Insufficient for Standing to Challenge AIA’s First-Inventor-to-File Provision
Nos. 13-1511, -1512 (Fed. Cir. July 1, 2014)
[Appealed from M.D. Fla., Judge Merryday]
Where an Infringement Judgment Is Partially Reversed, There Is No “Normal Rule” Permitting District Courts to Reconsider Damages Falling Within the Court’s Mandate
[Appealed from E.D. Tex., Chief Judge Davis]
Claim Scope Limited When Specification Describes Feature as “Essential” and “Universal” to All Embodiments
No. 13-1340 (Fed. Cir. July 7, 2014)
[Appealed from ITC]
AIA Amendments to False-Marking Statute Eliminating Qui Tam Provision Do Not Constitute an Unconstitutional Pardon
No. 13-1180 (Fed. Cir. July 10, 2014)
[Appealed from S.D.N.Y., Judge Stein]
District Court Erred in Denying Stay by Reviewing Board’s Decision to Institute a Covered Business Method Proceeding
[Appealed from E.D. Tex., Judge Gilstrap]
Digital Image Processing Claims Held Patent Ineligible Under § 101
[Appealed from C.D. Cal., Judge Wright]
Claim Missing Material Limitation That Is Not Apparent on Its Face Cannot Be Asserted Until It Has Been Corrected by the PTO
[Appealed from N.D. Tex., Senior Judge Fish]
Hyatt Applies to § 146 Proceedings and Permits New Evidence of Issues Not Before the Board
[Appealed from D. Mass., Judge Young]
Submitting Stipulated Construction in IDS Constitutes Clear and Unmistakable Disclaimer of Claim Scope
[Appealed from D. Del., Judge Robinson]
Failure to Move for JMOL Under
Rule 50(a) Leads to a Forfeiture of JMOL Under Rule 50(b)
[Appealed from S.D.N.Y., Judge Scheindlin]
TTAB Makes Harmless Error in Its Pronunciation Analysis
[Appealed from TTAB]
There Is No Jurisdiction over an Appeal from a Contempt Order Without Modification or Continuation of the Injunction
No. 13-1357 (Fed. Cir. July 17, 2014)
[Appealed from M.D. Pa., Senior Judge Caputo]
ITC Exceeded Authority by Reviewing ALJ’s Order Denying Motion to Terminate Investigation
[Appealed from ITC]
After PTO’s Cancellation of Claim, No Legal Basis Remains to Enjoin Conduct Based on the Rights Previously Conferred by That Claim as Those Rights Cease to Exist
[Appealed from E.D. Va., Senior Judge Payne]
| 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 |
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