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Columbia Pictures Industries Inc. v. Fung
Injunction against torrent web sites that facilitated downloads of infringing copies of film studios’ works must spell out terms with greater specificity.
Intellectual Property Mar. 21, 2013
Kirtsaeng v. John Wiley & Sons Inc.
Academic textbook publisher may not sue student for copyright infringement for importing English-language textbooks from Thailand and selling them in U.S.
Intellectual Property Mar. 20, 2013
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 Mar. 15, 2013
Sofa Entertainment Inc. v. Dodger Productions Inc.
Use of seven-second clip of ‘The Ed Sullivan Show’ in hit musical ‘Jersey Boys’ constitutes fair use defeating copyright infringement claim.
Intellectual Property Mar. 12, 2013
Gunn v. Minton
State courts may not review patent holder's legal malpractice suit against his attorney because his claim did not arise under federal patent law.
Intellectual Property Feb. 21, 2013
Mattel Inc. v. MGA Entertainment Inc.
Bratz dolls manufacturer’s trade secret misappropriation counterclaim is improperly permitted and thus, verdict and damages award in its favor are overturned.
Intellectual Property Jan. 24, 2013
DC Comics v. Pacific Pictures Corp.
Heirs of Superman creators may appeal decision to deny their motion to strike claims by DC Comics in dispute over ownership of character.
Intellectual Property Jan. 10, 2013
Already LLC v. Nike Inc.
Nike’s covenant not to enforce trademark against competitor moots competitor’s action to have Nike’s trademark declared invalid.
Intellectual Property Jan. 9, 2013
Washington Shoe Co. v. A-Z Sporting Goods Inc.
Arkansas retailer may be sued in Washington State for intentionally infringing copyright in rain boots held by Washington business.
Intellectual Property Dec. 17, 2012
MVP Entertainment Inc. v. Frost
In dispute over movie rights to book, email from lawyer does not create binding contract when writer never signed a formal agreement.
Intellectual Property Nov. 8, 2012
Winchester Mystery House LLC v. Global Asylum Inc.
Owners of historical mansion, a popular tourist attraction, cannot sue filmmakers for copyright infringement due to movie based on mansion.
Intellectual Property Oct. 25, 2012
Evergreen Safety Council v. RSA Network Inc.
Company in possession of other company's draft manual, which allegedly had infringing content, cannot sue for copyright infringement 10 years after obtaining draft.
Intellectual Property Oct. 18, 2012
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