Willamette Law Online

Intellectual Property

( 11 summaries )

Opinions Filed in March 2013

Dawson v. Dawson

Patents: PATENT; CONCEPTION: Inventor must have formed a definite and permanent idea of the complete and operative invention as it is to be applied in practice.

(Filing Date: 03-25-2013)

Luvdarts, LLC v. AT & T Mobility, LLC

Copyright: To give adequate notice under the DMCA, a copyright holder must give notice of which copyrights were infringed, who infringed them, and when they were infringed.

(Filing Date: 03-25-2013)

Allied Mach. & Eng'g Corp. v. Competitive Carbide, Inc.

Patents: Where a third party complaint against inventor/patent assignor is based on the defense of invalidity, rather than a cause of action, and the inventor's rights in the patent have been assigned to another party, the third party plaintiff and defendant do not have adverse legal interests sufficient to survive a motion to dismiss under Fed. R. Civ. P. 12(b)(1).

(Filing Date: 03-22-2013)

Anvik Corp. v. Nikon Precision, Inc.

Patents: A reasonable finder of fact could have found that an inventor did not have a preferred method for practicing the invention based on extrinsic evidence, thus the best mode requirement was improperly determined by summary judgment.

(Filing Date: 03-22-2013)

Columbia Pictures Indus. V. Gary Fung

Copyright: Services involved in and promoted for use in a process of reproducing copyrighted material may give rise to contributory infringement even if no product is provided to actual infringers.

(Filing Date: 03-21-2013)

Kimberly-Clark Worldwide, Inc. v. First Quality Baby Prods., LLC

Patents: Because a new claim contained more material than the original claim, the claim was enlarged and the patent was invalid.

(Filing Date: 03-19-2013)

Kirtsaeng v. John Wiley & Sons, Inc.

Copyright: The 'first sale' doctrine is not constrained by a geographic limitation and applies to any copyrighted work which was lawfully produced in accordance to the Copyright Act.

(Filing Date: 03-19-2013)

Synqor, Inc. v. Artesyn, Inc.

Patents: PATENTS; INDUCED INFRINGEMENT: Datasheets and other markings on patented material showed actual knowledge required to prove induced infringement.

(Filing Date: 03-13-2013)

Gibson Guitar Corp. v. Viacom International Inc.

Trademarks: A plaintiff must effectively plead that an infringing product is actually in the market to state a claim of trademark infringement.

(Filing Date: 03-08-2013)

Wilson v. New Palace Casino, LLC

Copyright: Protection of works of art under VARA does not extend vicariously to derivative works.

(Filing Date: 03-07-2013)

Move, Inc. v. Real Estate Alliance, Ltd.

Patents: Liability for indirect patent infringement can occur when claim steps are performed by more than one entity, provided the elements for inducement are met.

(Filing Date: 03-04-2013)