Federal Circuit IP
CAFC Opinion No. 2023-1502, Decided January 3, 2025 (Lourie, Taranto, Stark; Precedential) Overview: When worlds collide – statements made in a patent application can have unintended consequences on trademark protection. Facts/Background; CeramTec owns trademarks covering a pink color of ceramic hip components. Adding chromium oxide (chromia) to the ceramic material causes various color changes, including […]
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Federal Circuit IP
CAFC Opinion No. 2022-2299, 2022-2300, Decided December 10, 2024 (Dyk, Hughes, Cunningham; Precedential) Overview: If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck – The duck test applied to offers for sale. Facts/Background: Crown Packaging sued Belvac for patent infringement in WD of […]
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Federal Circuit IP
CAFC Opinion No. 2023-1176, 2023-1177, Decided December 9, 2024 (Chen, Mayer, Cunningham; Precedential) Overview: The “evolution” of the intended meaning of a claim term and unintended consequences of modifying provisional application content. Facts/Background DDR Holdings sued Priceline.com and Booking.com for patent infringement in District of Delaware. The patent at issue concerns a method of generating […]
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