Willamette Law Online

Intellectual Property

( 12 summaries )

Opinions Filed in June 2012

In re Mouttet

Patents: When a patent claims a structure already known, differing only in the substitution of one known element for another, it must do more than yield the predictable result of that substitution to avoid rejection for obviousness.

(Filing Date: 06-26-2012)

WesternGeco LLC v. Ion Geophysical Corp.

Patents: An infringing system is made at the place where it is assembled for use, while it is used at the place where it is put into operation.

(Filing Date: 06-26-2012)

Drew Estate Holding Co., LLC v. Fantasia Distribution, Inc.

Trademarks: Under the "natural expansion" doctrine, a trademark owner enjoys protection over related goods that lie within the realm of the natural expansion of its business.

(Filing Date: 06-25-2012)

Apple, Inc. v. Motorola, Inc.

Copyright: When plaintiff claiming patent infringement fails to establish any basis for an award of relief, the defendant is entitled to a judgment dismissing the case.

(Filing Date: 06-22-2012)

Louis Vuitton Mallatier S.A. v. Warner Bros. Entertainment, Inc.

Trademarks: Trademark dilution was not found when consumers were unlikely to be confused under the Lantham Act standard.

(Filing Date: 06-15-2012)

Northland Family Planning Clinic, Inc. v. Center for Bio-Ethical Reform

Copyright: The courts look to transformative use, the amount of copyrighted material used, and the market in which the copyrighted material is used when determining whether a work is protected under “fair use.”

(Filing Date: 06-15-2012)

L.A. Printex Industries v. Aeropostale Inc.

Copyright: A certificate of registration containing inaccurate information is sufficient to sustain an infringement claim, so long as the applicant was unaware of the inaccuracy, and the inaccuracy would not have caused the copyright office to reject the application.

(Filing Date: 06-13-2012)

Obodai v. Demand Media, Inc.

Copyright: Conforming to the DMCA's safe harbor provision protects a service provider from committing contributory copyright infringement.

(Filing Date: 06-13-2012)

Univ. of Ala. Bd. of Trs. v. New Life Art, Inc.

Trademarks: Rights to a trademark were not upheld when there was an ambiguous agreement and First Amendment rights did not outweigh public interest in free expression.

(Filing Date: 06-11-2012)

Formfactor, Inc. v. Micro Probe, Inc.

Trade Secrets: A trade secret does not exist upon failure to describe the "subject matter of the trade secret with sufficient particularity to separate it from matters of general knowledge in the trade or of special knowledge."

(Filing Date: 06-07-2012)

Hollmer v. Harari

Patents: When inquiring into the continuity of multiple patent applications, the adequacy of an incorporation by reference is determined by the reasonable person of ordinary skill in the art standard.

(Filing Date: 06-07-2012)

In re Bill of Lading Transmission and Processing System Patent Litigation

Patents: A complaint that meets the requirements of a relevant sample form in the Appendix to the Federal Rules of Civil Procedure cannot be dismissed for failing to meet the requirements established under the Twombly line of cases.

(Filing Date: 06-07-2012)