April 2015
 |
| 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. |
Lost Profits Must Come from the Lost Sales of a Product or Service the Patentee Itself Sells
Nos. 13-1576, -1577 (Fed. Cir. Mar. 2, 2015)
[Appealed from S.D. Cal., Judge Bencivengo]
[Appealed from D. Conn., Judge Arterton]
Means-Plus-Function Terms Are Defined by What the Specification and Prosecution History Say, Rather Than What They Do Not Say
[Appealed from D. Del., Judge Robinson]
Failure to Read Mislabeled Court Orders Alone Does Not Constitute Good Cause or Excusable Neglect Required for Extending Appeal Period
[Appealed from W.D. Tex., Judge Garcia]
Claim Vitiation Does Not Foreclose the DOE
[Appealed from D. Del., Judge Stark]
No Requirement for the Prior Art to Disclose “Actual Performance” to Anticipate
No. 14-1350 (Fed. Cir. Mar. 25, 2015)
[Appealed from Board]
PTO Revival Rulings Are Not Subject to Third-Party Collateral Challenge
No. 13-1206 (Fed. Cir. Mar. 26, 2015)
[Appealed from E.D. Va., Judge O’Grady]
A Sufficient Controversy Exists When a Second ANDA Filer Seeks DJ of Noninfringement of an Orange-Book-Listed Patent Owned but Disclaimed by Brand Name Manufacturer
[Appealed from N.D. Ill., Judge Coleman]
| Abbreviations | |
| AIA | America Invents Act |
| 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 |
| Follow us on |  |
 |
 |