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Bilski v. Kappos
Machine-or-transformation test is not sole test for determining patent eligibility of 'process' under Section 101 of Patent Act. 		Intellectual Property Jun. 29, 2010
Visa International Service Association v. JSL Corp.
Company may not use mark where online use of mark could weaken ability of consumers to associate plaintiff's mark with Visa brand. 		Intellectual Property Jun. 29, 2010
Benay v. Warner Bros. Entertainment Inc.
Copyrighted ‘Last Samurai’ screenplay is not infringed by ‘Last Samurai’ film, despite similarities. 		Intellectual Property Jun. 10, 2010
Montz v. Pilgrim Films & Television Inc.
Federal copyright law preempts state claims where plaintiffs’ asserted state rights are equivalent to rights of copyright owners. 		Intellectual Property Jun. 4, 2010
Brayton Purcell LLP v. Recordon & Recordon
Venue is proper where defendant infringed copyright using website targeting prospective clients in jurisdiction where plaintiff’s business operates. 		Intellectual Property Jun. 1, 2010
Silvaco Data Systems v. Intel Corp.
Purchaser of misappropriated source code is not liable for misappropriation of trade secrets by executing machine-readable code translated from source code. 		Intellectual Property May 28, 2010
Cosmetic Ideas Inc. v. IAC/InteractiveCorp
Plaintiff complies with registration requirement by submitting completed application to Copyright Office prior to filing infringement suit. 		Intellectual Property May 26, 2010
Au-Tomotive Gold Inc. v. Volkswagen of America Inc.
Company is liable for trademark infringement where it sells purchased item with trademark symbol, creating post-purchase confusion as to item’s origin. 		Intellectual Property May 7, 2010
Franklin Mint Co. v. Manatt, Phelps & Phillips LLP
Estate and Fund associated with Princess Diana lacked probable cause to prosecute trademark dilution claim against company selling merchandise with her likeness. 		Intellectual Property May 5, 2010
Silvaco Data Systems v. Intel Corp.
Purchaser of misappropriated source code is not liable for misappropriation of trade secrets by executing machine-readable code translated from source code. 		Intellectual Property Apr. 30, 2010
Zobmondo Entertainment LLC v. Falls Media LLC
Summary judgment is improper where genuine issue of material fact exists as to whether board game trademark is invalid as descriptive mark. 		Intellectual Property Apr. 27, 2010
CRS Recovery Inc. v. Laxton
California law applies to diversity case involving dispute over ownership of Internet domain name where California defendant's tortious conduct occurred in California. 		Intellectual Property Apr. 7, 2010
JustMed Inc. v. Byce
Individual is considered employee under Copyright Act where he was hired for indefinite duration, had numerous tasks, and replaced former employee. 		Intellectual Property Apr. 6, 2010
Reed Elsevier Inc. v. Muchnick
Copyright holder’s failure to register under Copyright Act does not deprive federal court of jurisdiction over infringement claim. 		Intellectual Property Mar. 2, 2010
Jasmine Networks Inc. v. Superior Court (Marvell Semiconductor Inc.)
Company can recover for misappropriation of trade secret even if it no longer owns intellectual property at issue. 		Intellectual Property Dec. 31, 2009
Lahoti v. Vericheck Inc.
Under Lanham Act, trademark is not necessarily distinctive although it does not describe all services provided and could describe services not provided. 		Intellectual Property Nov. 16, 2009
Perlan Therapeutics Inc. v. Superior Court (NexBio Inc.)
Trade secret disclosure statement is insufficient to commence discovery where statement merely concluded that alleged secrets were not general knowledge. 		Intellectual Property Nov. 5, 2009
Art Attacks Ink LLC v MGA Entertainment Inc.
Alleged infringer's access to copyrighted design is not established by proof that design was sold at county fairs and on limited website. 		Intellectual Property Sep. 17, 2009
One Industries LLC v. Jim O'Neal Distributing Inc.
Tacking of multiple marks to treat as one continuing trademark is inappropriate where marks were not indistinguishable. 		Intellectual Property Aug. 26, 2009
Brayton Purcell LLP v. Recordon & Recordon
Venue for copyright infringement lawsuit is proper where plaintiff established that defendant was 'amendable to personal jurisdiction' in forum state. 		Intellectual Property Aug. 6, 2009
Raining Data Corp. v. Barrenechea
Mandatory attorney fee award based on counsel's declarations without detailed time records is proper. 		Intellectual Property Jul. 22, 2009
Marlyn Nutraceuticals, Inc. v. Mucos Pharma GMBH & Co.
District court must find substantial risk of danger to public to order recall of product in trademark infringement case. 		Intellectual Property Jul. 7, 2009
FLIR Systems Inc. v. Parrish
Trial court's finding that company filed trade secrets lawsuit in bad faith against former employees is not error. 		Intellectual Property Jun. 17, 2009
Philip Morris USA Inc. v. King Mountain Tobacco Co. Inc.
Tribal court has no colorable claim to jurisdiction over trademark infringement case brought by nonmember. 		Intellectual Property Jun. 12, 2009
Dream Games of Arizona Inc. v. PC Onsite
Illegal operation of copyrightable work does not deprive work of copyright protection or preclude statutory damages. 		Intellectual Property Apr. 3, 2009
Brescia v. Angelin
Identification of alleged trade secret with 'reasonable particularity' does not require showing that information is not general knowledge in respective field. 		Intellectual Property Mar. 19, 2009
Internet Specialties West Inc. v. Milon-DiGiorgio Enterprises Inc.
Laches defense unavailable to defendant who could not establish prejudice by showing valuable business built using contested trademark during delay. 		Intellectual Property Mar. 18, 2009
K.C. Multimedia Inc. v. Bank of America Technology & Operations Inc.
Uniform Trade Secrets Act preempts alternative civil remedies based on same facts forming basis for alleged trade secret misappropriation claim. 		Intellectual Property Mar. 5, 2009
Societe Civile Succession Richard Guino v. Renoir
Pre-1978 sculptures are protected by copyright where publications occurred in foreign country without notice of United States copyright. 		Intellectual Property Dec. 10, 2008
Halicki Films v. Sanderson Sales and Marketing
District court errs in failing to use extrinsic evidence to interpret contract for film's remake. 		Intellectual Property Nov. 13, 2008
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