all - Opinion Summaries

SUPERIOR FIREPLACE CO. v. THE MAJESTIC PRODUCTS CO.

Intellectual Property, Patent
Where the correction of an alleged mistake under 35 USC 255 broadened a claim and was not clearly evident from the specification, drawings, and...

FOAD CONSULTING GROUP, INC. v. MUSIL, GOVAN, AZZALINO

Intellectual Property, Copyright
Federal law determines whether an implied nonexclusive copyright license is possible, while state contract law determines whether the copyright owner...

SCALTECH, INC. v. RETEC/TETRA, L.L.C.

Intellectual Property, Patent
An offer of commercial exploitation of a process, even if no license or sale of the patent is intended, implicates the on sale bar of 35 USC 102(b),...

CHECKPOINT SYSTEMS, INC. v. CHECK POINT SOFTWARE TECHS., INC.

Intellectual Property, Trademark
When considering the likelihood of confusion between marks under the Lanham Act, courts must look at the strength of the mark in the industry in which...

DIAL ONE OF THE MID-SOUTH ONE, INC. v. BELLSOUTH TELECOMMS., INC.

Intellectual Property
The innocent infringer defense under section 1114(2) of the Lanham Act requires the infringer to act in an objectively reasonable manner, rather than...

STATE FARM MUT. AUTO. INS. CO. v. LOW

Insurance Law, Intellectual Property, Trade Secrets
California Code of Regulations, title 10, section 2646.6(c) and Insurance Code section 1861.07 permit public disclosure of Community Service...

FIRST HEALTH GROUP CORP. v. BCE EMERGIS CORP.

Consumer Protection Law, Health Law, Intellectual Property, Trademark
Because some confusion and misunderstanding are inevitable in any business relation, the Lanham Act deals only with confusion that exceeds the norm in...

MYLAN PHARMACEUTICALS, INC. v. THOMPSON

Intellectual Property, Patent
Because 21 US 337(a) limits the ability to seek "delisting" as a form of relief to those actions "by and in the name of the United States", a private...

ASYST TECHS., INC. v. EMPAK, INC.

Intellectual Property, Patent
The corresponding structure to a function set forth in a means-plus-function limitation must actually perform the recited function, not merely enable...

BRASSELER, U.S.A. I, L.P. v. STRYKER SALES CORP.

Attorney's Fees, Intellectual Property, Patent
Where the inventors failed to disclose material information to their patent attorneys, and the attorneys failed to conduct an investigation adequate...