External evidence may be considered to help understand how a person of ordinary skill in the art would interpret an alleged anticipatory reference.
When considering transfer of venue, a court should not give weight to a co-pending litigation involving the same patent when that litigation has been closed and involved no substantive filings at the time the motion to transfer is resolved.
Statements made during prosecution of a patent application are not relevant to the interpretation of the claims of a related patent that was issued before the later-filed patent application.
The date of accessibility for a trade secret is the day that the trade secret could have been ascertained by the public rather than the day that the trade secret was actually ascertained by the public.
Provisional rights for a patent are only granted when the patent issues before its expiration date.
A request for remittitur may be preserved by a party that does not provide an express request for a reduction of a specific amount of damages at the district court if enough information was provided to make the opposing party and the district court aware of the reduction of damages that was sought.
A prior art reference may only claim the priority date of a provisional application for the portions of the prior art reference that have written description support in the provisional application.
The zone of natural expansion doctrine allows a senior user to prevent a junior user from registering a similar mark on a line of related goods or services, but does not give the senior user a proactive right to a new registration on those related goods or services.
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