all - Opinion Summaries

OKAJIMA v. BOURDEAU

Intellectual Property, Patent
Where the parties agree that the level of skill in the art is high, any finding by the Board of Patent Appeals and Interferences that the proper level...

MONSANTO CO. v. MYCOGEN PLANT SCI., INC.

Intellectual Property, Patent
The presumed ability of a reasonable juror to understand the evidence in a diligence case precludes a requirement that a party must explain lab...

GENERATION II ORTHOTICS INC. v. MED. TECH. INC.

Intellectual Property, Patent
Restricting the claimed function to one of several possible meanings would impermissibly limit the claim by adopting a function different from that...

YURMAN DESIGN, INC. v. PAJ, INC.

Civil Procedure, Intellectual Property, Copyright
When deciding whether there is copyright infringement, a jury's findings as to "substantial similarity" are subject to the same deferential review...

MSM INV. CO., LLC v CAROLWOOD CORP.

Intellectual Property, Patent
A patent claim for "feeding" a "beneficial amount" of a substance, methylsulfonylmethane, to animals is not limited using the substance for...

PAVLOVICH v. SUPERIOR COURT (DVD COPY CONTROL ASS'N, INC.)

Civil Procedure, Cyberspace Law, Intellectual Property, Copyright
California's long arm statute reaches owners, publishers, and operators of Web sites in other jurisdictions when, in violation of California law, they...

YANKEE CANDLE CO., INC. v. BRIDGEWATER CANDLE CO., LLC

Intellectual Property, Copyright
The use of a border element in a product label is an essentially functional design choice that is not protected by copyright.

INNOVAD INC. v. MICROSOFT CORP.

Intellectual Property, Patent
Where patent application stated device was unique because it lacked a component, patent holder cannot claim infringement on device that contained that...

ADVANCED CARDIOVASCULAR SYS., INC. v. SCIMED LIFE SYS., INC.

Intellectual Property, Patent
A patent application's drawings depicting a certain feature cannot support the conclusion that a limitation exists without the frame of reference to...

VISKASE CORP. v. AM. NAT'L CAN CO.

Intellectual Property, Patent
Even though the test data itself may be completely accurate, where an expert witness provides perjured testimony that he witnessed the tests, when in...