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Microsoft Corp. v. Motorola Inc.
U.S. district court places temporary hold on injunction obtained in Germany that stopped Microsoft from using German patents involving computer software.
Intellectual Property Oct. 2, 2012
U.S. Auto Parts Network Inc. v. Parts Geek LLC
Company may own copyright in modified portion of software where employee changed software during employment for company's purposes.
Intellectual Property Sep. 4, 2012
Petrella v. Metro-Goldwyn-Mayer Inc.
Copyright claims against film studio for infringing interest in book and screenplays are barred because plaintiff's delay in filing lawsuit was unreasonable.
Intellectual Property Aug. 30, 2012
Monge v. Maya Magazines Inc.
Fair use does not protect magazine's publication of celebrity couple's secret wedding photos, which were stolen and previously unpublished.
Intellectual Property Aug. 15, 2012
SASCO v. Rosendin Electric Inc.
Under Uniform Trade Secrets Act, attorney fees are correctly awarded where bad faith trade secret misappropriation claim was based on mere speculation.
Intellectual Property Aug. 8, 2012
SASCO v. Rosendin Electric Inc.
Under Uniform Trade Secrets Act, attorney fees are correctly awarded where bad faith trade secret misappropriation claim was based on mere speculation.
Intellectual Property Jul. 12, 2012
Rearden LLC v. Rearden Commerce Inc.
Company is not entitled to summary judgment in dispute over use of its name where genuine issues of material fact exist on 'use in commerce' grounds.
Intellectual Property Jun. 28, 2012
L.A. Printex Industries Inc. v. Aeropostale Inc.
Plaintiff's sale of more than 50,000 yards of fabric bearing copyrighted design created genuine dispute of material fact in copyright infringement case.
Intellectual Property Jun. 13, 2012
Caldera Pharmaceuticals Inc. v. Regents of the University of California
Pharmaceutical company's claims for breach of contract and fraud related to patent licensing agreement are not subject to exclusive federal jurisdiction because they do not 'arise under' patent law.
Intellectual Property Apr. 24, 2012
Kappos v. Hyatt
Patent applicant may introduce new evidence in civil suit against Director of Patent and Trademark Office, even if applicant had no justification for failing to present evidence previously.
Intellectual Property Apr. 18, 2012
Caraco Pharmaceutical Laboratories Ltd. v. Novo Nordisk A/S
Generic manufacturer can assert counterclaim to force correction of use code that inaccurately describes brand's patent as covering unpatented methods of using drug.
Intellectual Property Apr. 17, 2012
L.A. Printex Industries Inc. v. Aeropostale Inc.
Plaintiff's sale of more than 50,000 yards of fabric bearing copyrighted design created genuine dispute of material fact in copyright infringement case.
Intellectual Property Apr. 9, 2012
Mayo Collaborative Services v. Prometheus Laboratories Inc.
Processes concerning use of thiopurine drugs to treat autoimmune diseases are not patent eligible because they effectively claim natural laws.
Intellectual Property Mar. 20, 2012
Skydive Arizona Inc. v. Quattrocchi
In Lanham Act case, district court abuses discretion by doubling actual damages award based on intent to punish defendant's willful conduct.
Intellectual Property Mar. 12, 2012
Range Road Music Inc. v. East Coast Foods Inc.
Music companies' evidence of copyright infringement, including investigative report, proves infringement occurred at restaurant, regardless of whether 'substantial similarity' between works existed.
Intellectual Property Feb. 17, 2012
Secalt S.A. v. Wuxi Shenxi Construction Machinery Co. Ltd.
Traction hoist's design does not qualify for trade dress protection where it cannot be shown that design was nonfunctional.
Intellectual Property Feb. 8, 2012
Golan v. Holder
Congress acts within its authority under Copyright Clause when it restored copyright protection to works that have fallen into public domain.
Intellectual Property Jan. 19, 2012
UMG Recordings Inc. v. Shelter Capital Partners LLC
Digital Millenium Copyright Act limits copyright infringement liability of video service provider whose automated process allowed website users to upload possibly infringing content.
Intellectual Property Dec. 21, 2011
Apple Inc. v. Psystar Corp.
In action for copyright infringement of software, copyright misuse defense fails because software licensing agreement allowed licensee to develop competing software.
Intellectual Property Sep. 28, 2011
GoPets Ltd. v. Hise
Re-registration of domain name does not violate Anticybersquatting Consumer Protection Act's prohibition on registration of names that are confusingly similar to service marks.
Intellectual Property Sep. 22, 2011
Louis Vuitton Malletier S.A. v. Akanoc Solutions Inc.
In action for copyright infringement, court errs in providing jury instruction to specify amount of statutory damages as to each defendant, rather than number of protected works.
Intellectual Property Sep. 13, 2011
Flexible Lifeline Systems Inc. v. Precision Lift Inc.
In copyright infringement action, irreparable harm is not presumed upon showing of likelihood of success on merits for purposes of injunction.
Intellectual Property Aug. 23, 2011
Fleischer Studios Inc. v. A.V.E.L.A. Inc.
Although fractured ownership may make it impossible to prove secondary meaning in trademark infringement claim, such ownership is not conclusive evidence of lack of secondary meaning.
Intellectual Property Aug. 22, 2011
Perfect 10 Inc. v. Google Inc.
In copyright infringement claim, showing of reasonable likelihood of success does not raise presumption of irreparable harm for purposes of preliminary injunctive relief.
Intellectual Property Aug. 4, 2011
TrafficSchool.com Inc. v. Edriver Inc.
Injunction ordering website to provide splash screen disclaimer to every site visitor following Lanham Act violation constitutes burden on protected content.
Intellectual Property Jul. 29, 2011
Microsoft Corp. v. i4i Limited Partnership
Proving patent invalidity calls for heightened standard, regardless of whether evidence is different from that before jury and before patent office.
Intellectual Property Jun. 10, 2011
Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems Inc.
Bayh-Dole Act does not automatically void inventor’s rights in federally funded inventions or vest rights in university to take title to such inventions.
Intellectual Property Jun. 7, 2011
Global-Tech Appliances Inc. v. SEB S.A.
To be liable of actively inducing patent infringement, defendant must have knowledge that induced acts constitute infringement.
Intellectual Property Jun. 1, 2011
Montz v. Pilgrim Films & Television Inc.
Copyright law does not preempt implied-in-fact contract claim where plaintiff alleged bilateral expectation that he would be compensated for use of idea.
Intellectual Property May 5, 2011
Network Automation Inc. v. Advanced Systems Concepts Inc.
Court errs in basing infringement analysis on ‘Internet trinity’ factors, failing to apply infringement factors flexibly based on specific case.
Intellectual Property Mar. 9, 2011