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.

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