Willamette Law Online

Intellectual Property

( 11 summaries )

Opinions Filed in December 2012

Blehm v. Jacobs

Copyright: When determining whether works are substantially similar, courts will analyse the protected expression of underlying concepts and themes – not the themes sought to be expressed.

(Filing Date: 12-27-2012)

C. W. Zumbiel Co., Inc. v. Kappos

Patents: A patent claim's preamble is a limitation if it is essential to understand limitations or terms in the claim body.

(Filing Date: 12-27-2012)

In re Fenofibrate Patent Litigation

Patents: When a patent claim calls for a quantity “between” two numbers, it should be construed to cover only that specific range and it should not be read to cover “a range between two values which are themselves ranges.”

(Filing Date: 12-27-2012)

Miller’s Ale House, Inc. v. Boynton Carolina Ale House, LLC

Trademarks: To relitigate a previous judicial determination of genericness, a purported trademark holder would need to show a drastic change in consumer perception.

(Filing Date: 12-20-2012)

In re Rosuvastatin Calcium Patent Litigation

Patents: An unsuccessful filing of an ANDA is a statutory act of infringement.

(Filing Date: 12-14-2012)

National Football Scouting, Inc. v. Rang

Copyright: A numerical expression representing an opinion of a player’s likelihood of succeeding in the NFL is copyrightable.

(Filing Date: 12-13-2012)

Abraham v. Alpha Chi Omega

Trademarks: Delay in registering trademark resulted in unfair prejudice.

(Filing Date: 12-06-2012)

In re Yamazaki

Patents: Once a patent has issued subject to the terms of a terminal disclaimer, the Patent and Trademark Office is foreclosed from later reissuing the patent with a term greater than that for which the patent was originally issued.

(Filing Date: 12-06-2012)

Pregis Corp. v. Kappos

Patents: Because the Patent Act provides sufficient administrative and judicial relief for third parties injured by wrongly issued patents, the APA cannot be used to provide competitors in a patent dispute with an alternative means to obtain relief.

(Filing Date: 12-06-2012)

Brandywine Commun. Tech, LLC v. Casio Computer Co. Ltd.

Patents: To state a valid claim for contributory infringement, a plaintiff must plead facts suggesting the defendant both knew of the existence of the relevant patent at the time of the infringement, and that the product has no substantial non-infringing uses.

(Filing Date: 12-05-2012)

Metso Minerals Indus., Inc. v. Johnson Crushers Intl., Inc.

Patents: When the difference between subject matter patented and prior art is such that the solution patented would have been obvious to a person skilled in the art, the patent is invalid for obviousness.

(Filing Date: 12-04-2012)