Willamette Law Online

Intellectual Property

( 16 summaries )

Opinions Filed in February 2013

PC Puerto Rico LLC. v. El Smaili

Trademarks: Injunctive relief was appropriate when gas stations stopped selling gas but continued to display the Texaco mark.

(Filing Date: 02-28-2013)

Yellowbook, Inc. v. Brandeberry

Trademarks: If a trademark is owned in both a personal and corporate capacity, sale of the corporate interest in the mark does not mean it can be used in business by the seller.

(Filing Date: 02-27-2013)

Building Graphics, Inc. v. Lennar Corp.

Copyright: In the absence of direct evidence of a violation, the circumstantial evidence must demonstrate a reasonable possibility of access to the copyrighted work.

(Filing Date: 02-26-2013)

Rucker v. Harlequin Enterprises, LTD

Copyright: Copyright violations will not be found when the only similarities between competing romance novels are generic tropes and character traits commonly used in the industry.

(Filing Date: 02-26-2013)

West Plains, L.L.C. v. Retzlaff Grain Co.

Trade Secrets: Compilations of information may qualify for trade secret protection even if the information is publicly available.

(Filing Date: 02-26-2013)

Interactive Fitness Holdings, LLC v. Icon Health & Fitness, Inc.

Patents: When a patent differs from prior art by only a single limitation, the patent is invalid by anticipation if that limitation is covered by other prior art.

(Filing Date: 02-25-2013)

Multi Time Mach., v. Amazon.com

Trademarks: To prove trademark infringement, a plaintiff must establish that the defendant’s website uses the plaintiff’s mark confusingly when a consumer searches the defendant’s website.

(Filing Date: 02-20-2013)

Engenium Solutions v. Symphonic Techs.

Copyright: In a claim of literal infringement of software a court uses a filtration-comparison analysis rather than the abstraction-filtration-comparison test used in non-literal software copyright claims.

(Filing Date: 02-15-2013)

Cephalon, Inc. v. Watson Pharmaceuticals, Inc.

Patents: Enablement can be found when one skilled in the art can practice the invention without “undue experimentation.”

(Filing Date: 02-14-2013)

Hallford v. Fox Entertainment Group, Inc.

Copyright: In order to determine substantial similarity between a television show and a screenplay the court compares the stories' plot and sequence, characters, themes, setting and pace, and total concept and feel.

(Filing Date: 02-13-2013)

Image Online Design, Inc. v. Internet Corp. for Assigned Names & Numbers

Trademarks: Stated intention to license the use of a service mark is too speculative to form the basis of an infringement action.

(Filing Date: 02-07-2013)

Microsoft Corp. v. Motorola, Inc.

Patents: The disclosure of an algorithm for a similar, but different, structure from which a person skilled in the art could derive the undisclosed algorithm is not adequate disclosure, and the limitation containing the undisclosed algorithm is therefore invalid for indefiniteness.

(Filing Date: 02-06-2013)

Skyline Zipline Global, LLC v. Domeck

Patents: A device that is the antithesis of a patented product does not infringe the original patent.

(Filing Date: 02-06-2013)

Bridgetree, Inc. v. Red F Marketing LLC

Trade Secrets: Making employees available for deposition, providing discovery for the alleged trade secret in question, and providing expert testimony are sufficient steps to identify alleged trade secrets.

(Filing Date: 02-05-2013)

CleanCut, LLC v. Rug Doctor, Inc.

Patents: Objective willfulness exists where the patentee shows that “the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent.”

(Filing Date: 02-04-2013)

U.S. v. Howley

Trade Secrets: Taking reasonable steps to protect trade secrets includes a "no photography" policy and guards surrounding the building.

(Filing Date: 02-04-2013)