July 25, 2022

Federal Circuit Summaries For Week Ending June 10, 2022

In re Kiely, No. 2022-1076 (June 8, 2022) (nonprecedential); Patent Application No. 11/634,624

Key point(s):
• A proper Markush claim incorporates a closed list of specified alternative limitations and the use of an open-ended term like “comprising” makes the claim indefinite.

Agarwal v. Morbark, LLC, No. 2022-1348 (June 10, 2022) (nonprecedential) U.S. Patent No. 6,418,004

Key point(s):
• Arguments that are not appropriately developed in a party’s briefing may be deemed waived.

In re A. Zeta S.R.L. No. 2022-1178 (June 10, 2022) (nonprecedential) U.S. Trademark Application for PARMA COFFEE

Key point(s):
• Trademarks that are primarily geographically descriptive are generally unregisterable.

Related Team:

W. Bruce Patterson

Partner, Practice Head