Willamette Law Online

Intellectual Property

( 11 summaries )

Opinions Filed in April 2012

Harley v. Nesby

Copyright: Circumstantial evidence of access plus substantial similarities can show actual copying

(Filing Date: 04-30-2012)

Warner Chilcott Laboratories Ir., Ltd. v. Impax Laboratories, Inc.

Patents: Patent infringement cannot be shown where the alleged infringers do not directly apply, and accepted testing method do not show the presence of, the patented substance.

(Filing Date: 04-30-2012)

Federal Trade Commission (FTC) v. Watson Pharmaceuticals, Inc.

Patents: Reverse payment settlements do not violate antitrust laws in patent cases, because patent holders have been granted a lawful right to exclude for the duration of their patent.

(Filing Date: 04-24-2012)

Trident Products & Services, LLC v. Canadian Soiless Wholesale, Ltd.

Trade Secrets: Without expert testimony, a reasonable juror could not determine whether a trade secret was "not known or readily ascertainable by proper means."

(Filing Date: 04-18-2012)

American Calcar, Inc. v. American Honda Motor Co., Inc.

Patents: Undisclosed prior art is but-for material if the PTO would not have allowed a claim had it been aware of the undisclosed prior art.

(Filing Date: 04-17-2012)

U.S. v. Lam

Trademarks: The jury is granted broad discretion to discern whether allegedly infringed goods and marks are indistinguishable from the legitimate mark.

(Filing Date: 04-16-2012)

Steak Umm v. Steak ‘Em Up

Trademarks: Injunctions for trademark infringement cannot be granted if the trademarks are not likely to cause customer confusion.

(Filing Date: 04-11-2012)

U.S. v. Nosal

Trade Secrets: The phrase “exceeds authorized” in the CFAA is limited to access restrictions, and does not extend to use restrictions.

(Filing Date: 04-10-2012)

Aventis Pharma S.A. v. Hospira, Inc.

Patents: Intentionally withholding prior art material to the patent's subject matter from the Patent and Trademark Office will render a patent unenforceable for inequitable conduct.

(Filing Date: 04-09-2012)

Noah Systems, Inc. v. Intuit Inc.

Patents: Failure to disclose all of the algorithms necessary for the claimed functions will be treated as if no algorithm was disclosed at all.

(Filing Date: 04-09-2012)

Advanced Fiber Technologies Trust v. J&L Fiber Services, Inc.

Patents: Unclear patent terms can be probative of a lack of willfulness on the part of an alleged patent infringer.

(Filing Date: 04-03-2012)