June 16, 2015

Federal Circuit Court Decisions For Week Ending June 5, 2015

Shire Development, LLC, v. Watson Pharmaceuticals, Inc., No. 2013-1409 (June 3, 2015) (Precedential) (3-0) Patent No. 6,773,720

Key point(s):

  • A “clear error” standard of review of a district court’s claim construction decision is only triggered when factual findings underlie the construction of the claim terms.

M.Z. Berger & Co. v. Swatch AG, No. 2014-1219, June 4, 2015 (Precedential) (3-0)

Key point(s):

  • An intent-to-use trademark applicant’s bona fide intent to use a mark in commerce is to be assessed objectively based on the totality of the circumstances surrounding application.

Global Traffic Technologies LLC v. Rodney K. Morgan, 2014-1537, 2014-1566, June 4, 2015 (Non-precedential) (3-0); U.S. Patent No. 5,539,398

Key point(s):

  • An analysis of whether a part is adequately marked to meet the requirements of §287 requires a court to determine whether the patent marking method places the public on adequate notice, versus focusing just on physical size of the article.

Alps South, LLC v. The Ohio Willow Wood Company, No. 2013-1452, -1488, 2014-1147, -1426, June 5, 2015 (Precedential) (3-0), Patent No. 6,552,109

Key point(s):

  • Nunc pro tunc type retroactive license agreements cannot be used to correct fact-based defects in standing under §281 of the Patent Act.

Related Team:

Joe Stevens