Last Month at the Federal Circuit - May 2010


In this Issue:

*Term of Degree “Readily” Not Indefinite If Patent Supplies Standard for Measuring Scope

*Court Affirms Dismissal of a DJ Complaint Based on Absence of an Actual Controversy

*Court Affirms SJ That Google’s Online Advertising System Did Not Infringe

*Plaintiff University Fails to Provide Clear and Convincing Evidence of Joint Inventorship Where the Parties’ Respective Stories Are “Equally Plausible”

*Court Affirms Board’s Finding of Adequate Written Description and Reverses Board’s Finding of Failure to Establish Actual Reduction to Practice in an Interference

*Court Affirms Board’s Interference Ruling After Finding Claims Satisfied Written Description Requirement

*Federal Circuit Clarifies That the Rule Against Reissue Recapture Applies to Subject Matter Surrendered During Prosecution of Related Patent Applications

*Recordation of Patent Assignment at the PTO Created a Presumption of Validity of the Assignment

*Claims to a Controller with Multiple Input Members Were Not Supported by Earlier Application That Described a Controller with a Single Input Member

*Confusion Is Likely Between the Marks “ML” and “ML MARK LEES” for Identical Goods


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