January 26, 2024

Federal Circuit Summary for Week Ending January 26, 2024

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In re Go & Associates, LLC, No. 2022-1961 (January 22, 2024) (precedential) (3-0)

Key points:

  • For a mark’s registrability, a threshold requirement is the mark’s ability to identify and distinguish the goods and services from others, as well as indicate the source of those goods and services.
  •  Whether a mark functions as a source identifier is a question of fact reviewed for substantial evidence.
  • The “Informational Matter Doctrine” does not prohibit registration of a mark containing informational matter, so long as the mark also functions to identify a single commercial source.


Omega Patents, LLC v. BMW of North America, LLC, No. 2022-2012 (January 22, 2024) (nonprecedential); Patent No. 9,458,814

Key point:

  • The Patent Trial and Appeal Board satisfies its obligations pursuant to the standard of review within the Administrative Procedure Act as long as it provides an administrative record that demonstrates the evidence on which its findings are based, even without addressing every argument raised.


Plotagraph, Inc. v. Lightricks, Ltd., No. 2023-1048 (January 22, 2024) (nonprecedential); Patent Nos. 10,346,017, 10,558,342, 10,621,469, 11,182,641, 11,301,119

Key point:

  • For the first step of the Alice test, the lack of specific terms (e.g., “animation,” “illusion of movement”) that lead to an abstract idea in the claims is immaterial. As long as the specification provides a clear context linking the claim language (e.g., “shifting …pixels”) with these concepts (e.g., “animation,” “illusion of movement”), the claims can be concluded to be directed to an abstract idea.
  • For the second step of the Alice test, features that are defined through conventional methods and specified in the claims at a high level of generality do not amount to inventive concepts.

Related Team:

Shuya Duan