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Ryan v. Editions Limited West Inc.
Court properly awards artist attorney fees in copyright infringement claim, but abused its discretion in greatly reducing award without providing adequate explanation.
Intellectual Property May 19, 2015
B&B Hardware Inc. v. Hargis Industries Inc.
Error to not apply issue preclusion to Trademark Trial and Appeal Board finding in infringement action.
Intellectual Property Mar. 24, 2015
Fifty-Six Hope Road Music Ltd. v. A.V.E.L.A. Inc.
Bob Marley’s children prevail on false endorsement claim against parties that used their father’s image on t-shirts and other merchandise.
Intellectual Property Feb. 22, 2015
Corbello v. DeVito
Ghostwriter’s heir may proceed with copyright infringement claim against former members of Jersey Boys over Broadway musical.
Intellectual Property Feb. 11, 2015
Hana Financial v. Hana Bank
In trademark disputes, ‘tacking’ issue for jury to decide just as in tort, contract, and criminal cases.
Intellectual Property Jan. 22, 2015
Omega S.A. v. Costco Wholesale Corp.
Omega may not prohibit sale of its copyrighted watches by Costco, who obtained watches through the ‘gray market.’
Intellectual Property Jan. 21, 2015
Teva Pharmaceuticals USA Inc. v. Sandoz Inc.
Reviewing court may not set aside district court’s determination on subsidiary factual matter involving patent claim without finding of clear error.
Intellectual Property Jan. 21, 2015
Pom Wonderful LLC v. Hubbard
District court improperly denies Pom Wonderful LLC’s request for preliminary injunction over use of ‘POM’ mark due to mistaken likelihood-of-success determination.
Intellectual Property Dec. 31, 2014
Oracle Corp. v. SAP AG
Oracle Corp. is not entitled to $1.3 billion in hypothetical-license damages against SAP AG when it failed to present objective, non-speculative evidence of license price.
Intellectual Property Sep. 1, 2014
Hendricks & Lewis PLLC v. Clinton
District court may authorize receiver to sell musician George Clinton’s master recordings to satisfy various judgments that law firm won against him.
Intellectual Property Aug. 26, 2014
Southern California Darts Association v. Zaffina
Unincorporated association has capacity to own trademarks and bring suit under Lanham Act in federal court to stop infringement of unregistered marks.
Intellectual Property Aug. 11, 2014
Experience Hendrix LLC v. Hendrixlicensing.com Ltd
Jimi Hendrix's heir prevails in trademark infringement action against web site, which sold Hendrix related merchandise in Washington.
Intellectual Property Aug. 10, 2014
La Quinta Worldwide LLC v. Q.R.T.M. S.A. de C.V.
Federal court jurisdiction over La Quinta Worldwide’s trademark infringement claim does not require a showing of infringer’s ‘use in commerce.’
Intellectual Property Aug. 6, 2014
Garcia v. Google Inc.
Actress duped into starring in anti-Islamic film ‘Innocence of Muslims’ may force Google to remove the film from YouTube.
Intellectual Property Jul. 13, 2014
Inhale Inc. v. Starbuzz Tobacco Inc.
Company may not copyright shape of water container for hookah, a device for smoking tobacco, because its utilitarian function and shape are inseparable.
Intellectual Property Jul. 9, 2014
Hendricks & Lewis PLLC v. Clinton
District court may authorize receiver to sell musician George Clinton’s master recordings to satisfy various judgments that law firm won against him.
Intellectual Property Jun. 23, 2014
Alice Corp. Pty. Ltd. v. CLS Bank International
Patent claims covering scheme for mitigating settlement risk in financial exchanges with computer system as intermediary are nonpatentable as abstract ideas.
Intellectual Property Jun. 19, 2014
Inhale Inc. v. Starbuzz Tobacco Inc.
Company may not copyright shape of water container for hookah, a device for smoking tobacco, because its utilitarian function and shape are inseparable.
Intellectual Property Jun. 4, 2014
Nautilus Inc. v. Biosig Instruments Inc.
Federal Circuit must reconsider validity of heart-rate monitor technology patent, because standard previously used to determine if patent was definite enough was too imprecise.
Intellectual Property Jun. 3, 2014
Limelight Networks Inc. v. Akamai Technologies Inc.
In patent infringement action, company cannot be made liable for inducing infringement, when it never directly infringed on the patent.
Intellectual Property Jun. 3, 2014
Petrella v. Metro-Goldwyn-Mayer Inc.
Copyright owner of 'Raging Bull' screenplay may proceed with her infringement claim against Metro-Goldwyn-Mayer, despite 18-year delay in filing suit.
Intellectual Property May 20, 2014
Altavion Inc. v. Konica Minolta Systems Laboratory Inc.
Konica Minolta misappropriates small company’s trade secrets by using its ‘digital stamping technology’ for self-authenticating documents in its patents.
Intellectual Property May 12, 2014
Octane Fitness LLC v. Icon Health & Fitness Inc.
Prevailing party in patent dispute may obtain attorney fee award, because Federal Circuit’s ‘exceptional cases’ test for fees was too difficult to satisfy.
Intellectual Property Apr. 30, 2014
Highmark Inc. v. Allcare Health Management System Inc.
Federal Circuit improperly overturns district court’s attorney fee award in ‘exceptional’ patent infringement action by failing to review case for abuse of discretion.
Intellectual Property Apr. 30, 2014
NBCUniversal Media LLC v Superior Court (Montz)
Television producers may not sue NBC for allegedly using their ideas to create ‘Ghost Hunters’ show because they sued more than two years after show first aired.
Intellectual Property Apr. 29, 2014
Grail Semiconductor Inc. v. Mitsubishi Electric & Electronics USA Inc.
Despite new trial on damages, Mitsubishi may not dodge adverse verdict after its subsidiary used confidential information to develop new memory chips.
Intellectual Property Apr. 23, 2014
Lexmark International Inc. v. Static Control Components Inc.
Lanham Act false advertising action may continue where company alleged its business reputation and sales would suffer harm due to competitor's conduct.
Intellectual Property Mar. 26, 2014
Alaska Stock LLC v. Houghton Mifflin Harcourt Publishing Co.
Stock photography agency may sue publisher for copyright infringement based on registrations of CD catalogs and databases, rather than component photos.
Intellectual Property Mar. 19, 2014
Wells Fargo & Co. v. ABD Insurance & Financial Services Inc.
Wells Fargo may be entitled to preliminary injunction to stop new company from attempting to use ABD Insurance trademark, after it had already acquired ABD.
Intellectual Property Mar. 13, 2014
Wells Fargo & Co. v. ABD Insurance & Financial Services Inc.
Wells Fargo may be entitled to preliminary injunction to stop new company from attempting to use ABD Insurance trademark, after it had already acquired ABD.
Intellectual Property Mar. 4, 2014