Opinions Filed in May 2012

DISH Network, L.L.C. v. Sonicview USA, Inc.

Creating boxes designed to circumvent satellite encryption illegally is a violation of the Digital Millennium Copyright Act.

Area(s) of Law:
  • Copyright

Oracle America, Inc. v. Google Inc.

Copyright covers only the specific writing of program code, not program function, or presentation.

Area(s) of Law:
  • Copyright

Tetris Holding, LLC v. Xio Interactive, Inc.

The Merge Doctrine does not prevent authors from creating copyrightable expressions of rules or concepts.

Area(s) of Law:
  • Copyright

Moore v. Commercial Aircraft Interiors, LLC

Where there is no suspicion of disclosure of trade secrets, an employer may still prohibit employment with a competitor for fear of unconscious disclosure of trade secrets.

Area(s) of Law:
  • Trade Secrets

T. Marzetti Company v. Roskam Baking Company

In testing for genericness, the 6th Circuit Court of Appeals gauge whether ”the public perceives the term primarily as the designation of the article."

Area(s) of Law:
  • Trade Secrets

Weco Supply co. v. Sherwin-Williams Co.

A “supplier/jobber" relationship does not create a duty of confidentiality.

Area(s) of Law:
  • Trade Secrets

Beerntsen Candies, Inc. v. Beerntsen’s Confectionary, Inc.

Surname rule applies even after the name no longer gives information about the owner of the business.

Area(s) of Law:
  • Trademarks

In re Hyon

Obviousness is a question of fact that the Court of Appeals reviews for substantial evidence.

Area(s) of Law:
  • Patents

Gucci America, Inc. v. Guess?, Inc.

TRADEMARK; POST-SALE CONFUSION (Post-sale confusion does not result in a “misdirected purchase” but a “purchase intended to confuse.")

Area(s) of Law:
  • Trademarks

WNET v. Aereo, Inc.

The Copyright Act is preempted by state law when the material is privately broadcasted if it is not already protected and is different from a copyright claim.

Area(s) of Law:
  • Copyright

In re Baxter Intl., Inc.

Because of the lower standard of proof used in PTO reexaminations, the PTO is not bound by validity decisions of the courts on the same patent claims, especially when the PTO considers evidence not presented to the court when it reached its decision.

Area(s) of Law:
  • Patents

Layne Christensen Co. v. Bro-Tech Corp.

To demonstrate willful infringement, a patentee must show the infringer acted despite an objectively high likelihood it was infringing a valid patent and that the infringer either knew, or the risk was so obvious that it should have known, of the risk it was infringing a valid patent.

Area(s) of Law:
  • Patents

Wag’n Enterprises, LLC v. United Animal Nations

Unfounded and purely speculative concerns over confusion do not evince actual confusion by consumers.

Area(s) of Law:
  • Trademarks

In re Youman

The Patent and Trademark Office must determine whether the narrowing language related to surrendered subject matter.

Area(s) of Law:
  • Patents

Otsuka Pharmaceutical Co., Ltd. v. Sandoz, Inc.

In discerning obviousness, the court looks to whether one of ordinary skill would have had reasonable motivation to modify the earlier claimed compound to make the compound of the asserted claim.

Area(s) of Law:
  • Patents

Scorpio Music S.A. v. Willis

A partial owner could terminate his or her right, so long as it was only for his or her part.

Area(s) of Law:
  • Copyright

Art of Living Foundation v. Does 1-10

Trade secret infringement is possible even when materials are widely distributed if the methods for compiling those materials are not.

Area(s) of Law:
  • Trade Secrets

Art of Living Foundation v. Does 1-10

Copyright registration obtained more than five years after publication does not constitute prima facie evidence of valid copyright ownership. Transfer of rights must be accompanied by a written conveyance or a later written confirmation of transference.

Area(s) of Law:
  • Copyright

OSI Pharm., Inc. v. Mylan Pharm., Inc.

To invalidate a patent on grounds of anticipation or obviousness, an alleged infringer must demonstrate that the patent is invalid with clear and convincing evidence.

Area(s) of Law:
  • Patents

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