July 6, 2020

Federal Circuit Summary For Week Ending February 28, 2020

Collabo Innovations, Inc. v. Sony Corp., Nos. 2019-1152 and 2019-1154 (February 25, 2020) (nonprecedential);
Patent No. 7,023,034

Key point(s):

  • Arguments are waived on
    appeal when not timely raised before the trial court; it is untimely to contest
    claim construction for the first time at trial when the contested construction
    is used to institute proceedings
  • An illustration, combined
    with expert testimony, can be substantial evidence showing that a claim
    limitation is taught even if the claim limitation is not explicitly described
    in the specification
  • In re JC Hospitality LLC, Nos. 2018-2048, 2018-2049 (February 28, 2020)
    (nonprecedential); Trademark Application Serial Nos. 86/525,425 and 86/525,431

Key point(s):

  • A word that is a double
    entendre but does not bear any relationship to the good or services applied for
    is likely generic and not registrable
  • A showing of distinctiveness
    needs more evidence than sales and marketing figures for the applicant’s
    businesses in isolation