all - Opinion Summaries

NUNEZ v. CARIBBEAN INT'L NEWS CORP.

Intellectual Property
The "newsworthy" nature of nude Miss Uiverse Puerto Rico photographs, the difficulty of presenting the story without the photographs, and the minimal...

CREATIVE GIFTS v. UFO

Intellectual Property
Evidence that consumers ordering a product by its brand name is insufficient to show that the mark has become generic when the brand owner is the only...

ROSE ART INDUS. INC. v. SWANSON

Intellectual Property
Where plaintiff seeks protection for a series or line of products or packaging, rather than for the trade dress of a single product, the court first...

VANGUARD PROD. CORP. v. PARKER HANNIFIN CORP.

Intellectual Property, Patent
A dictionary is not prohibited extrinsic evidence as a resource of claim construction, and method of manufacture does not itself limit the claim, even...

STRYKER CO. v. DAVOL INC.

Intellectual Property, Patent
In reaching a verdict of willful infringement, a jury may reasonably find that reliance on counsel's opinions was not reasonable, that the defendant...

APPLE COMPUTER, INC. v. ARTICULATE SYSTEMS, INC.

Cyberspace Law, Intellectual Property, Patent
Language in a claim preamble acts as a claim limitation only when such language serves to "give meaning to a claim and properly define the invention,"...

RUIZ v. A.B. CHANCE CO.

Intellectual Property, Patent
District court must make factual findings on obviousness as set forth by the Supreme Court in Graham v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ...

A&H SPORTSWEAR, INC. v. VICTORIA'S SECRET

Intellectual Property
A typical consumer is not likely to confuse "MIRACLESUIT" swimwear with defendant's "THE MIRACLE BRA" swimwear, where defendant's disclaimer has a...

LEICESTER v. WARNER BROTHERS

Intellectual Property, Property Law & Real Estate
Streetwall towers that are connected to an office building are part of an "architectural work" under the Architectural Works Copyright Protection Act...

ELI LILLY & CO. v. NATURAL ANSWERS, INC.

Cyberspace Law, Intellectual Property
Defendant's use of Plaintiff's mark in the meta tags within the source code of its web site is probative of wrongful intent and justifies weighing...