Opinions Filed in April 2012

Harley v. Nesby

Circumstantial evidence of access plus substantial similarities can show actual copying

Area(s) of Law:
  • Copyright

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

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.

Area(s) of Law:
  • Patents

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

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.

Area(s) of Law:
  • Patents

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

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

Area(s) of Law:
  • Trade Secrets

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

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.

Area(s) of Law:
  • Patents

U.S. v. Lam

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

Area(s) of Law:
  • Trademarks

Steak Umm v. Steak ‘Em Up

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

Area(s) of Law:
  • Trademarks

U.S. v. Nosal

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

Area(s) of Law:
  • Trade Secrets

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

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.

Area(s) of Law:
  • Patents

Noah Systems, Inc. v. Intuit Inc.

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

Area(s) of Law:
  • Patents

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

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

Area(s) of Law:
  • Patents

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