Publications & Media

Federal Circuit Court Decisions For Week Ending October 5, 2018

Natural Alternatives International Inc. v. Iancu, No. 2017-1962 (Oct. 2, 2018) (precedential 3-0); U.S. Patent No. 8,067,381

Key point(s):

  • Amending or cancelling a priority claim in an application does not limit the effect of any changes to the priority claim to the instant application and can carry over to other applications.

Natural Alternatives International Inc. v. Iancu, No. 2017-1963; (Oct. 2, 2018) (nonprecedential); U.S. Patent No. 8,129,422

Key point(s):

  • Amending or cancelling a priority claim in an application does not limit the effect of the priority claim to the instant application and can carry over to other applications.

Real Foods PTY, LTD. v. Frito-Lay North America Inc, No. 2017-1959, 2017-2009 (Oct. 4, 2018) (nonprecedential 3-0)

Key point(s):

  • Highly descriptive terms which describe the product components and have also been used by the applicant to describe the product have a high bar to cross to be registered.
  • The genus identification of the two step genericness inquiry should not be limited by an applicant’s identification of goods.