September 5, 2025

Federal Circuit Summary for Week Ending September 5, 2025

In re Duraisamy, No. 2024-2183 (September 3, 2025) (nonprecedential); Trademark App. No. 97552142

Key points:

  • In the application for trademark registration, the entity type must correspond to the indicated owner. In this case, registration was refused because the named owner is an individual, but the entity was indicated as an LLC.
  • If color is a feature of a mark (including black or white), the applicant must explicitly claim color. Merely including color in the description is insufficient to claim color.

In re Duraisamy, No. 2024-2181 (September 3, 2025) (nonprecedential); Trademark App. No. 97829921

Key points:

  • In an application for trademark registration, the identification of goods and/or services is unclear and indefinite if it lists disparate fields/industries without any apparent connection.
  • By statute, an applicant must pay a filing fee for each and every class for which the applicant seeks coverage. Financial burden is no excuse.

Samsung Electronics Co., Ltd. v. Power2B, Inc., No. 23-1629 (September 4, 2025) (nonprecedential); Patent Nos. 8,624,850, 9,569,093

Key point:

  • For claim construction, claims will generally be given broad scope unless there is clear disavowal of claim scope. Here, even though embodiments required a plurality (two or more), there was not unmistakable disavowal of the broader claim scope (one or more).

In re McFadden, No. 2024-2107 (September 5, 2025) (nonprecedential); Patent App. No. 16/231,749

Key points:

  • A claim falls under one of the statutory categories for patent eligible subject matter under 35 U.S.C. § 101 if the claim recites tangible structure. Even if a given term is devoid of structure, then that term is construed as means-plus-function under 35 U.S.C. § 112(f) if the specification provides corresponding structure to the recited function.
  • A claim that claims both an apparatus and a method using the apparatus is indefinite under 35 U.S.C. § 112(b). By contrast, a claim that recites that the system or apparatus is capable of performing (e.g., “configured to” perform) the recited steps is not necessarily indefinite.

Related Team:

Archibald Cruz

Associate