Willamette Law Online

Intellectual Property

( 10 summaries )

Opinions Filed in October 2012

Hobbs v. John

Copyright: Concepts and feelings are not copyrightable when they belong to the general scène à faire of the genre.

(Filing Date: 10-29-2012)

Wilden Pump and Engineering LLC v. JDA Global LLC

Trademarks: Part numbers are not source identifiers when a prefix is used to differentiate between makers of similar parts

(Filing Date: 10-29-2012)

Brandywine Commun. Tech., Inc. v. T-Mobile USA, Inc.

Patents: Where knowledge is an essential element of a patent infringement claim, the defendant must have been aware of the patent's existence before litigation was instigated in order for that element to be satisfied.

(Filing Date: 10-24-2012)

Winchester Mystery House, LLC v. Global Asylum, Inc.

Trade Secrets: A trademark claim could be made when an allegedly infringing movie title bares no relation to the film or there was an intent to mislead.

(Filing Date: 10-24-2012)

Flo Healthcare Solutions, LLC v. Kappos

Patents: To rebut the presumption that a limitation is not a means-plus-function limitation, the patentee must show that the limitation is essentially “devoid of anything that can be construed as structure.”

(Filing Date: 10-23-2012)

Sempris, LLC v. Watson

Trade Secrets: Noncompete agreements signed by employees of a company that are later acquired remain valid.

(Filing Date: 10-22-2012)

Technology Patents, LLC v. T-Mobile (UK) Ltd.

Patents: Doctrine of Equivalents will not broaden claims beyond their explicit terms.

(Filing Date: 10-17-2012)

Energy Transportation Group, Inc. v. William Demant Holding A/S

Patents: Prosecution history estoppel bars the assertion of the doctrine of equivalents when the presumption that a key claim phrase was narrowed to secure the patent in question is not overcome.

(Filing Date: 10-12-2012)

The Authors Guild v. Hathitrust

Copyright: Digitizing a book and putting it into a format possible for a print-disabled person to access it is sufficiently transformative for a fair-use defense.

(Filing Date: 10-10-2012)

Belkin Intl., Inc. v. Kappos

Patents: The Director's determination that prior art does not raise substantial new questions of patentability is final and nonappealable.

(Filing Date: 10-02-2012)