Opinions Filed in September 2012

Molinelli-Freytes v. University of Puerto Rico

An original manuscript created by employees while performing duties that are within the scope of their employment may be used by the employer without violating the 1976 Copyright Act.

Area(s) of Law:
  • Copyright

Granger v. Acme Abstract Co.

In order to determine if a computer program is copyrightable and has been infringed, one must delineate between the copyrightable expression and the unprotected elements of the program.

Area(s) of Law:
  • Copyright

Outside the Box Innovations, LLC v. Travel Caddy, Inc.

To render a patent unenforceable due to inequitable conduct, both the materiality of a nondisclosure or misrepresentation and intent to deceive the USPTO must be proven.

Area(s) of Law:
  • Patents

Preferred Systems Solutions, Inc. v. GP Consulting, LLC

A list of confidential information, which fails to explain which items are trade secrets or how that information was misappropriated, is insufficient to support a claim of misappropriation of a trade secret.

Area(s) of Law:
  • Trade Secrets

Capitol Records, Inc. v. Thomas-Rasset

Record companies are not entitled to clarification of the Copyright Act without a Art. III case or controversy; Copyright infringement includes making media available to be distributed as well as actual distribution.

Area(s) of Law:
  • Copyright

Libya v. Miski

To establish a protected right in a descriptive mark, a party must demonstrate, with survey data or other evidence, that the mark has obtained secondary meaning in the marketplace.

Area(s) of Law:
  • Trademarks

Ibormeith IP, LLC v. Mercedes-Benz USA, LLC

For “means-plus-function” claims using algorithms, one must disclose it so as to show how its structure, material, or act supports the patent claim.

Area(s) of Law:
  • Patents

Suntree Tech., Inc. v. Ecosense Intl., Inc.

A plaintiff must establish that the defendant not only used its protected mark, or one confusingly similar to it, but also that it was likely to confuse consumers as to source of the product or service.

Area(s) of Law:
  • Trademarks

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