| Issue Code | Description | Results |
| | Validity decisions | |
| 01 |
§ 102(a) -- earlier public knowledge or publication |
|
P=34 |
2 appellate affirmances;
1 appellate reversal;
23 trial court rulings after trial;
8 trial court summary judgments
|
|
I=13 |
1 appellate affirmance;
2 trial court rulings after trial;
10 trial court summary judgments
|
|
| 02 |
§ 102(b) -- time-bar publication or patent |
|
P=1 |
1 trial court summary judgments
|
|
I=3 |
3 appellate affirmances
|
|
| 03 |
§ 102(b) -- public use |
|
P=1 |
1 trial court ruling after trial
|
|
I=7 |
1 appellate affirmance;
6 trial court summary judgments
|
|
| 04 |
§ 102(b) -- on sale |
|
P=15 |
5 appellate affirmances;
1 appellate reversal;
7 trial court rulings after trial;
1 trial court summary judgment;
1 Court of Federal Claims summary judgment
|
|
I=4 |
2 appellate affirmances;
1 trial court ruling after trial;
1 trial court summary judgment
|
|
| 05 |
§ 102(c) -- abandonment |
|
P=1 |
1 trial court summary judgment
|
|
I= |
|
|
| 06 |
§ 102(d) -- prior foreign patenting |
|
P=1 |
1 trial court summary judgment
|
|
|
I= |
|
| 07 |
§ 102(e) -- earlier-filed US patent of another |
|
P=1 |
|
1 trial court summary judgment
|
|
I= |
|
|
| 08 |
§ 102(e) -- derived subject matter; wrong inventorship |
|
P=3 |
1 appellate affirmance;
1 trial court ruling after trial;
1 trial court summary judgment
|
|
I= |
|
|
| 09 |
§ 102(g) -- prior invention by another (novelty) |
|
P=2 |
1 trial court ruling after trial;
1 trial court summary judgment
|
|
I=1 |
1 trial court ruling after trial
|
|
| 10 |
§ 103 -- obviousness |
|
P=35 |
5 appellate affirmances;
2 appellate reversals;
22 trial court rulings after trial;
5 trial court summary judgments;
1 Court of Federal Claims summary judgment
|
|
I=14 |
7 appellate affirmances;
2 trial court rulings after trial;
5 trial court summary judgments
|
|
| 11 |
§ 112 -- inadequate disclosure --description |
|
P=10 |
3 appellate affirmances;
3 trial court rulings after trial;
4 trial court summary judgments
|
|
I=18 |
1 appellate affirmance;
14 trial court rulings after trial;
3 trial court summary judgments
|
|
| 12 |
§ 112 -- inadequate disclosure --enablement |
|
P=6 |
1 appellate affirmance;
5 trial court rulings after trial
|
|
I=16 |
1 appellate affirmance;
14 trial court rulings after trial;
1 trial court summary judgments
|
|
| 13 |
§ 112 -- inadequate disclosure --best mode |
|
P=9 |
2 appellate reversals;
5 trial court rulings after trial;
2 trial court summary judgments
|
|
I=1 |
1 appellate affirmance
|
|
| 14 |
§ 112 -- claim indefinite |
|
P=12 |
2 appellate affirmances;
1 appellate reversals
8 trial court rulings after trial;
1 trial court summary judgment
|
|
I=6 |
1 appellate affirmance;
5 trial court summary judgments
|
|
| 15 |
Double patenting |
|
P=1 |
1 trial court rulings after trial
|
|
I= |
|
|
| 16 |
Improper broadening |
|
P=1 |
1 appellate affirmance
|
|
I= |
|
|
| | Enforceability decisions | |
| 17 |
Inequitable conduct |
|
P=29 |
3 appellate affirmances;
1 appellate reversal;
17 trial court rulings after trial;
8 trial court summary judgments
|
|
I=15 |
2 appellate affirmances;
12 trial court rulings after trial;
1 trial court summary judgments
|
|
| 18 |
Misuse |
|
P=1 |
1 trial court ruling after trial
|
|
I= |
|
| | Procedural defenses | |
| 19 |
Laches |
|
P=4 |
3 trial court rulings after trial;
1 trial court summary judgment
|
|
I=15 |
1 appellate reversal;
14 trial court rulings after trial
|
|
| 20 |
Equitable estoppel |
|
P=5 |
2 trial court rulings after trial;
3 trial court summary judgments
|
|
I= |
|
|
| 21 |
Limitations |
P=
I= |
| 22 |
Failure to mark |
|
P=1 |
1 appellate affirmance
|
|
I=3 |
3 trial court summary judgments
|
|
| | Infringement issues | |
| 23 |
Literal direct infringement |
|
P=44 |
10 appellate affirmances;
4 appellate reversals;
13 trial court rulings after trial;
16 trial court summary judgments;
1 Court of Federal Claims summary judgment
|
|
I=83 |
36 appellate affirmances;
4 appellate reversals;
2 trial court rulings after trial;
40 trial court summary judgments;
1 Court of Federal Claims summary judgment
|
|
| 24 |
Doctrine of equivalents direct infringement |
|
P=10 |
4 appellate affirmances;
3 appellate reversals;
1 trial court ruling after trial;
2 trial court summary judgments
|
|
I=46 |
19 appellate affirmances;
3 appellate reversals;
24 trial court summary judgments
|
|
| 25 |
Inducing infringement |
|
P=8 |
4 appellate affirmances;
3 trial court rulings after trial;
1 trial court summary judgment
|
|
I=20 |
16 trial court rulings after trial;
4 trial court summary judgments
|
|
| 26 |
Contributory infringement |
|
P=4 |
3 trial court rulings after trial;
1 trial court summary judgment
|
|
I=19 |
1 appellate affirmance;
16 trial court rulings after trial;
2 trial court summary judgments
|
|
| 27 |
Selling or importing product of patented process |
P=1
|
1 appellate affirmance
|
|
I= |
|
|
| 28 |
Shipping abroad § 271(f) or (g) |
|
P= |
|
I=1 |
1 appellate affirmance
|
|
| 29 |
License defense |
|
P=1
|
1 trial court summary judgment
|
|
I=1 |
1 trial court ruling after trial
|
|
| 30 |
Exhaustion defense |
|
P= |
|
|
I=1 |
1 appellate affirmance
|
|
| 31 |
Exemption under § 271(e) |
|
P=1 |
1 trial court ruling after trial
|
|
I= |
|
|
| 32 |
Exemption for other experiments |
P=
I= |
| | Damages calculations | |
| 33 |
Lost profits |
|
P=3 |
2 appellate affirmances;
1 trial court ruling after trial
|
|
I=3 |
2 appellate reversals;
1 trial court ruling after trial
|
|
| 34 |
Reasonable royalty |
|
P=7 |
4 appellate affirmances;
3 trial court rulings after trial
|
|
I=2 |
1 appellate reversal;
1 trial court ruling after trial
|
|
| 35 |
Split bases |
|
| | Special factors | |
| 36 |
Willfulness |
|
P=3 |
2 appellate affirmances;
1 trial court ruling after trial
|
|
I=7 |
2 appellate affirmances;
2 appellate reversals;
1 trial court ruling after trial;
2 trial court summary judgments
|
|
| 37 |
Enhanced damages due to willfulness |
|
P=7 |
2 appellate affirmances;
3 trial court rulings after trial;
2 trial court summary judgments
|
|
I= |
|
|
| 38 |
Attorney fees to patentee |
|
P=6 |
2 appellate affirmances;
2 trial court rulings after trial;
2 trial court summary judgments
|
|
I=1 |
1 appellate reversal
|
|
| 39 |
Attorney fees to accused infringer |
|
P=3 |
1 appellate reversal;
2 trial court rulings after trial
|
|
I=8 |
1 appellate affirmance;
6 trial court rulings after trial;
1 trial court summary judgment
|
|
| 40 |
Preliminary injunction ruling |
|
P=9 |
1 appellate affirmance;
8 trial court rulings after trial
|
|
I=14 |
5 appellate affirmances;
4 appellate reversals;
4 trial court rulings after trial;
1 trial court summary judgments
|
|
