September 3, 2015
Federal Circuit Court Decisions For Week Ending August 21, 2015
JVC Kenwood Corp. v. Nero, Inc., No. 2014-1011, (August 17, 2015) (precedential) (3-0), Patents No. 6,141,491, No. 5,535,008, No. 6,522,692, No. 6,212,329, No. 6,490,404, and No. 6,788,881
Key point(s):
- Widespread licensing may create a defense to a standards-compliant infringement theory.
Personalized User Model, LLP v. Google Inc., No. 2014-1841 (August 18, 2015) (precedential) (3-0)
Key point(s):
- An exit interview and/or a period of monitoring of businesses started by former employees are needed to provide a minimum quantum of evidence for tolling the statute of limitations for belatedly discovered claims for breach of employment contracts.
Jack Wolfskin Ausrustung v. New Millennium Sports S.L.U., No. 2014-1789, (August 19, 2015) (precedential) (3-0)
Key point(s):
- Similarity of marks should be compared in their entireties and evidence of third party use is relevant to show the sense in which a mark is used in ordinary parlance.
ABT Systems v. Emerson Electric Co., No. 2014-1618 (August 19, 2015) (precedential) (3-0) Patent No. 5,547,017
Key point(s):
- Any known need or problem in the field can provide a reason to combine references.