all - Opinion Summaries

PLAYBOY ENTER., INC. v. WELLES

Cyberspace Law, Intellectual Property, Trademark
Defendant's use of "Playboy" and "Playmate of the Year" on her personal website's headlines, banner ads and metatags was correctly determined to be...

GARDNER v. NIKE, INC.

Contracts, Intellectual Property, Copyright
Under the Copyright Act of 1976, a copyright licensee may not transfer its rights under an exclusive license without the consent of the original...

UNIV. OF W. VIRGINIA v. VANVOORHIES

Contracts, Intellectual Property, Patent
A university patent policy, which broadly applies to all university personnel and does not specify that the university's ownership is subject to...

HOOP v. HOOP

Intellectual Property, Patent
In appeal from preliminary injunction enjoining an applicant from patent infringement of an earlier applicant's motorcycle fairing guards, the court...

IN RE: BERGER

Intellectual Property, Patent
Because appellant's original claims did not include a material limitation of a later claim added to the application, which copied prior art from...

FOSTER v. ARLETTY 3 SARL

Civil Procedure, Intellectual Property
Foreign companies that negotiated, drafted, and executed a contract in France with a dual US and French citizen residing in South Carolina did not...

SYMBOL TECH., INC v. LEMELSON MED., EDUC. & RESEARCH FOUND.

Intellectual Property, Patent
The equitable doctrine of laches may be applied to bar enforcement of patent claims that issued after an unreasonable and unexplained delay in...

ANDRX PHARMACEUTICALS, INC. v. BIOVAIL CORP.

Health Law, Intellectual Property, Patent
Under 21 USC 355(j)(5)(B)(iii), a district court has no authority in a drug patent infringement action to shorten the FDA's thirty-month stay of...

PHARMACHEMIE, B.V. v. BARR LABS., INC.

Health Law, Intellectual Property, Patent
Drug licensee seeking to appeal an Abbreviated New Drug Application decision for marketing a generic drug before the expiration of a patent has a moot...

PROCTER & GAMBLE CO. v. AMWAY, CORP.

Attorney's Fees, Intellectual Property
Under 15 USC 1117(a) of the Lanham Act, a court should consider the objective merits of the suit when determining whether the losing party acted in...