all - Opinion Summaries

TURBOCARE DIV. OF DEMAG DELAVAL TURBOMACHINERY CORP. v. GEN. ELEC. CO.

Intellectual Property, Patent
Where the specification makes clear that the claim term was used to denote structure, not function, the claim is not in means-plus-function form and...

DAVIDOFF & CIE, SA v. PLD INT'L CORP.

Intellectual Property, Trademark
The unauthorized resale of a materially different trademarked product constitutes trademark infringement.

DANJAQ LLC v. SONY CORP.

Civil Procedure, Entertainment Law, Intellectual Property, Copyright
Releasing identical content on new media does not start a new time period for purposes of determining laches in the copyright context.

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS v. DOUGHNEY

Cyberspace Law, Intellectual Property, Trademark
To use a mark "in connection with" goods or services, defendant need not have actually sold or advertised goods or services on a web site, but need...

NORA BEVERAGES, INC. v. PERRIER GROUP OF AM., INC.

Intellectual Property, Trade Dress
In a trade dress claim, the likelihood of confusion requires evidence that confusion is probable, not just possible.

WINBOND ELECS. CORP. v. INT'L TRADE COMM'N

Intellectual Property, Patent
Where the patent owner offered an industry-wide royalty-free license if the industry adopted the patent as an industry standard, but the industry...

MCGINLEY v. FRANKLIN SPORTS, INC.

Intellectual Property, Patent
35 USC 112 guarantees drafters of means-plus-function claim limitations a range of equivalents extending beyond that which is explicitly disclosed in...

GLAXO GROUP LTD. v. RANBAXY PHARMACEUTICALS, INC.

Intellectual Property, Patent
Where the product for which defendant seeks FDA approval contains a higher crystalline content than the "crystalline free" product of plaintiff's,...

BELL ATL. NETWORK SERVS., INC. v. COVAD COMMUNICATIONS GROUP, INC.

Cyberspace Law, Intellectual Property, Patent
Where a claim specifies a changing rate of data transfer, no combination of static rate data transfer devices can be infringing under the doctrine of...

PLANETARY MOTION, INC. v. TECHPLOSION, INC.

Cyberspace Law, Intellectual Property, Trademark
Free distribution of software over the Internet with no existing business, no intent to form a business, and no sale under a mark constitutes...