Willamette Law Online

Intellectual Property

( 12 summaries )

Opinions Filed in September 2011

Apple Inc. v. Psystar Corp.

Copyright: COPYRIGHT; MISUSE (It is not misuse when a copyright holder limits the right to use their work.)

(Filing Date: 09-28-2011)

Cordis Corp. v. Boston Scientific

Patents: Patent infringement analysis is a two-step inquiry: first, the court determines the scope and meaning of the patent claims asserted, and then the properly construed claims are compared to the allegedly infringing device.

(Filing Date: 09-28-2011)

Marine Polymer Technologies, Inc. v. HemCon Inc.

Patents: PATENTS; INTERVENING RIGHTS (Doctrine of equitable intervening rights protects an accused infringer's ability to make, sell, offer to sell, or use particular items that are covered by a reexamined patent, provided that the items are of the same type that the accused infringer had made, purchased, or used before the reexamination.)

(Filing Date: 09-26-2011)

Cordance Corporation v. Amazon.com, Inc.

Patents: A general jury verdict of invalidity will be upheld when there is sufficient evidence to support alternative theories of invalidity.

(Filing Date: 09-23-2011)

Monsanto Company and Monsanto Technology LLC v. Vernon Hugh Bowman

Patents: When dealing with self-replicating technology, the doctrine of patent exhaustion does not bar an infringement action.

(Filing Date: 09-21-2011)

Ditocco v. Riordan

Copyright: Defendant's novels and movie adaptation about a teen demigod descended from Poseidon were not substantially similar to the Plaintiffs novels about a teenage boy descended from Perseus as a matter of law.

(Filing Date: 09-20-2011)

Remark, LLC v. Adell Broadcasting Company

Trademarks: Trademark infringement can only occur when the goods themselves confuse the public as to their origins, not when the copyrighted material therein is incorporated into a good.

(Filing Date: 09-20-2011)

In re Phyllis Leithem, Charles A. Kremers, W. Paul Harrell, Stephen Lewis, Karl D. Sears, Quan He, and Peter R. Abitz

Patents: Applicants must have an opportunity to respond to the thrust of a patentability rejection.

(Filing Date: 09-19-2011)

Ultramercial, LLC and Ultramercial, Inc. v. Hulu, LLC and WildTangent, Inc.

Patents: With the exceptions of laws of nature, physical phenomena, and abstract ideas, the court should determine patentability of subject matter based on 35 U.S.C. §§ 102, 103, and 112 rather than 35 U.S.C. § 101; The application of an abstract idea may be patentable subject matter.

(Filing Date: 09-15-2011)

Markem-Imaje Corporation v. Zipher LTD. and Videojet Technologies, Inc.

Patents: Patent claims need not recite every component necessary to enable operation of a working device, though a device will only operate if certain elements are included, that is not grounds to incorporate those elements into the construction.

(Filing Date: 09-09-2011)

Habersham Plantation Corporation v. Art & Frame Direct, Inc.

Trademarks: Court granted summary judgment because plaintiff failed to provide proof of actual confusion.

(Filing Date: 09-08-2011)

Eliyahou Harari, Robert D. Norman, and Sanjay Mehrotra v. Roger Lee and Fernando Gonzalez, and Andrei Mihnea, Jeffrey Kessenich, and Chun Chen

Patents: Unequivocal language may be used to incorporate the disclosure of a previous patent application.

(Filing Date: 09-01-2011)