Opinions Filed in January 2012

Charles L. Sims v. Viacom, Inc.

To file a claim for copyright infringement, one must first register a copyright.

Area(s) of Law:
  • Copyright

HTC Corporation v. IP-COM GMBH & CO.

To determine whether a means plus function limitation is definite, a court looks to: 1) the particular claimed function, and 2) the specification and corresponding structure, material, or acts that perform that function.

Area(s) of Law:
  • Patents

Jacob Krippelz, Sr. v. Ford Motor Company

Conclusory expert testimony is not a substitute for actual prior art disclosure in an anticipation analysis.

Area(s) of Law:
  • Patents

Kinbook, LLC v. Microsoft Corporation

In a reverse trademark infringement case, the senior trademark owner still must demonstrate that he or she still has a distinct mark.

Area(s) of Law:
  • Trademarks

Bohnsack v. Varco

If the plaintiff filed for a patent on the defendant’s invention, this is enough to constitute use of the defendant’s trade secret.

Area(s) of Law:
  • Trade Secrets

Olusegun Falana v. Kent State University and Alexander J. Seed

"A putative inventor who envisions the structure of a novel genus of chemical compounds and contributes the method of making that genus contributes to the conception of that genus."

Area(s) of Law:
  • Patents

Dealertrack, Inc. v. Huber

"Disclosure of multiple examples [of embodiments] does not necessarily mean that such list is exhaustive." "Simply adding a ‘computer aided’ limitation to a claim covering an abstract concept, without more, is insufficient to render the claim patent eligible."

Area(s) of Law:
  • Patents

Golan v. Holder

Congress did not exceed its authority under the Copyright Clause of the Constitution by removing works from the public domain previously unprotected by U.S. copyright laws.

Area(s) of Law:
  • Copyright

Celsis In Vitro Inc, v. Cellzdirect, Inc.

The court analyzes four factors when considering a preliminary injunction: 1) likelihood of success on the merits, 2) irreparable harm, 3) balance of hardships, and 4) public interest.

Area(s) of Law:
  • Patents

Marctec, LLC v. Johnson & Johnson and Cordis Corporation

A litigation position which is unsupported by the intrinsic record, because it ignores both the specification and prosecution history, may be found frivolous and support a finding of vexatious litigation misconduct.

Area(s) of Law:
  • Patents

Wolk v. Kodak Imaging Network, Inc.

Defendant largely acted in accordance with DMCA when it provided plaintiff with a means to contact concerning removal of infringing images.

Area(s) of Law:
  • Copyright

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