May 29, 2014

Federal Circuit Decisions for Week Ending May 23, 2014

Edward Tobinick v. Kjell Olmarker, No. 2013-1499 (May 19, 2014) precedential, U.S. Patent Nos. 7,708,995, 7,811,990, 7,906,481, 8,057,792 and 6,649,589

Key point:

  • To prevail in an interference, a party must have support in the specification for construed claim limitation(s) that have been copied from a patent or patent application.

Cigar King, LLC v. Corporacion Habanos, S.A., No. 2013-1531 (May 23, 2014) (nonprecendential), U.S. Trademark Registration Nos. 3,207,740 and 3,207,741

Key point:

  • An appellate court will not grant relief if doing so would not make a difference to the legal interests of the parties.

Related Team:

W. Bruce Patterson

Partner, Practice Head