Cantor Colburn August / September 2015 Newsletter
Running on empty
Decision highlights patent drafting danger
Patent drafting is as much an art as it is a science. After all, while courts have general rules for interpreting patents — such as the rule that preamble language doesn’t limit a patent’s claims — exceptions exist. This article looks at one recent and particularly relevant example. A sidebar lists circumstances in this case where the court found that disavowal or disclaimer compelled departure from the plain meaning of claim terms.
Pacing Technologies, LLC v. Garmin Technologies, Inc., No. 2014-1396, Feb. 18, 2015 (Fed. Cir.)
Registration requires actual provision of services
Does simply offering a service, without actually providing it, trigger the federal “use in commerce” requirement to register a trademark? For the first time, the U.S. Court of Appeals for the Federal Circuit has addressed this common question. This article looks at the decision, which had a major impact on a registration dating back to 2009.
Couture v. Playdom, Inc., No. 2014-1480, March 2, 2015 (Fed. Cir.)
Aycock Engineering, Inc. v. Airflite, Inc., No. 2008-1154, March 30, 2009 (Fed. Cir.)
Ain’t that a shame: A musical copyright case
The popular musical “Jersey Boys” tells the story of the 1960s vocal group the Four Seasons. But the story isn’t over for some of the boys. This article covers a recent decision by the U.S. Court of Appeals for the Ninth Circuit that demonstrates some of the complexities that can arise from joint copyright ownership.
Corbello v. DeVito, No. 12-16733, Feb. 10, 2015 (9th Cir.)
Federal Circuit puts patent exhaustion doctrine on hold
The patent exhaustion doctrine was created to limit the exclusive rights of patentees that license, or authorize the sale of, their inventions. But, in one recent case, an appellate court put the doctrine on hold. This article explores the court’s finding that a first sale doesn’t preclude a patentee from enforcing its rights in a related but nonetheless distinct invention.
Helferich Patent Licensing, LLC v. The New York Times Co., No. 2014-1196, Feb. 10, 2015 (Fed. Cir.)
