Willamette Law Online

Intellectual Property

( 11 summaries )

Opinions Filed in January 2012

Charles L. Sims v. Viacom, Inc.

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

(Filing Date: 01-31-2012)

HTC Corporation v. IP-COM GMBH & CO.

Patents: 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.

(Filing Date: 01-30-2012)

Jacob Krippelz, Sr. v. Ford Motor Company

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

(Filing Date: 01-27-2012)

Kinbook, LLC v. Microsoft Corporation

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

(Filing Date: 01-25-2012)

Bohnsack v. Varco

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

(Filing Date: 01-23-2012)

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

Patents: "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."

(Filing Date: 01-23-2012)

Dealertrack, Inc. v. Huber

Patents: "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."

(Filing Date: 01-20-2012)

Golan v. Holder

Copyright: 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.

(Filing Date: 01-18-2012)

Celsis In Vitro Inc, v. Cellzdirect, Inc.

Patents: 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.

(Filing Date: 01-09-2012)

Marctec, LLC v. Johnson & Johnson and Cordis Corporation

Patents: 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.

(Filing Date: 01-03-2012)

Wolk v. Kodak Imaging Network, Inc.

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

(Filing Date: 01-03-2012)