Brand Protection

Publications & Media

Federal Circuit Court Decisions For Week Ending October 13, 2017

Organik Kimya AS v. Rohm And Haas Company; Case No. 2015-1983 (precedential, 3-0) (October 11, 2017) Patent Nos. 6,020,435; 6,252,004

Key point(s):

  • Broadest reasonable interpretation (BRI) cannot be divorced from the specification and evidence of record.
  • Experimental data outweighs unsupported criticism by experts.

Owens Corning v. Fast Felt Corporation, Case No. 2015-1983, -2001 (precedential, 3-0) (October 11, 2017) Patent No. 8,137,757

Key point(s):

  • If evidence supports only one possible factual finding when the appellant requests reversal, and appellee did not seek to limit appellate review to claim construction, reversal by the court without remand is proper.

Ignite USA, LLC v. CamelBak Products, LLC, Case No. 2016-2747, (precedential 3-0), (October 12, 2017) Patent No. 8,863,979

Key point(s):

  • Prosecution history estoppel extends between parent and child applications.
  • Review Interview Summaries for potential estoppel issues.

PolidiI v. Matal, Acting as the Undersecretary of Commerce of Intellectual Property and Director, US Patent & Trademark Office, Case No.: 1:15-cv-01030, (non-precedential), (October 12, 2017)

Key point(s):

  • Decisions of the Office of Enrollment and Discipline (OED) are reviewed under the Administrative Procedures Act.
  • Disciplinary decisions will be upheld unless they are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.”