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Digital-Vending Services Int'l, LLC v. The University of Phoenix, Inc.
In a patent infringement action against a for-profit university concerning patents directed to regulating access to content that is delivered through a computer network, the district court's grant of summary judgment to the defendant is: 1) vacated as to certain... Continue reading
Posted Mar 12, 2012 at Intellectual Property and Tech Law Reports
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In re Viterra Inc.
On appeal of a decision of the Trademark Trial and Appeal Board affirming an examining attorney's refusal to register the trademark XCEED, in standard character form, for agricultural seed, the decision is affirmed, where: 1) the Board’s factual findings were... Continue reading
Posted Mar 12, 2012 at Intellectual Property and Tech Law Reports
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In re Staats
A decision of the Board of Patent Appeals and Interferences rejecting certain claims of a broadening reissue application is reversed, where: 1) an earlier broadening reissue application had been filed within the two-year statutory period of 35 USC section 251,... Continue reading
Posted Mar 12, 2012 at Intellectual Property and Tech Law Reports
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Ray Communications, Inc. v. Clear Channel Communications, Inc.
In a trademark infringement action against a radio broadcasting company, the district court's grant of the defendant's motion for summary judgment as to its affirmative defense of laches is reversed, where: 1) the district court failed to apply the proper... Continue reading
Posted Mar 12, 2012 at Intellectual Property and Tech Law Reports
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General Electric Co. v. Int'l Trade Comm'n
In a suit alleging that certain imported variable speed wind turbines infringed patents held by the complainant and thus the importer violated section 337 of the Tariff Act, the decision of the United States International Trade Commission is: 1) affirmed... Continue reading
Posted Mar 5, 2012 at Intellectual Property and Tech Law Reports
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Pioneer Hi-Bred International, Inc. v. Monsanto Technology LLC
In an interference proceeding involving claims of a patent and a patent application on genetically modified corn, judgment in favor of the applicant and cancelation of the claims of the patent holder is affirmed, where: 1) the applicant's claims in... Continue reading
Posted Mar 5, 2012 at Intellectual Property and Tech Law Reports
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Fort Properties, Inc. v. American Master Lease LLC
In a case challenging the validity of claims in a patent disclosing an investment tool designed to enable property owners to buy and sell properties without incurring tax liability, the district court's grant of summary judgment against the patent holder... Continue reading
Posted Mar 5, 2012 at Intellectual Property and Tech Law Reports
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MySpace, Inc. v. GraphOn Corp.
In a patent infringement case involving technology that relates to the ability to create, modify, and store database records over a computer network, the district court's order granting summary judgment of invalidity of the patents-in-suit is affirmed, as all the... Continue reading
Posted Mar 5, 2012 at Intellectual Property and Tech Law Reports
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Coach Services, Inc. v. Triumph Learning LLC
In a trademark dispute over the mark COACH between a publisher of books and software used to assist teachers and students in preparing for standardized tests and a seller of a wide variety of "accessible luxury" products such as handbags,... Continue reading
Posted Feb 27, 2012 at Intellectual Property and Tech Law Reports
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ClearValue, Inc. v. Pearl River Polymers, Inc.
In a suit involving claims of indirect patent infringement and misappropriation of a trade secret: 1) the district court's denial of the defendant's motions for judgment as a matter of law of invalidity and noninfringement is reversed, where the jury... Continue reading
Posted Feb 23, 2012 at Intellectual Property and Tech Law Reports
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Range Road Music, Inc. v. East Coast Foods, Inc.
In a suit by music companies that owned song copyrights against the corporate owner of a restaurant at which the songs were played without license and its sole officer and director, the district court’s grant of summary judgment to the... Continue reading
Posted Feb 23, 2012 at Intellectual Property and Tech Law Reports
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T-Peg, Inc. v. Vermont Timber Works, Inc.
On cross-appeals of a fee award made after a copyright infringement dispute between architectural firms, the First Circuit affirmed the amount of the award, finding no abuse of discretion in the district court's reasoned conclusions applying the attorney's fees provision... Continue reading
Posted Feb 23, 2012 at Intellectual Property and Tech Law Reports
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Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc.
In patent infringement litigation involving a patent for prosthetic vascular grafts, the judgment in the district court in favor of the plaintiff is affirmed, where: 1) the district court did not err in denying the defendant's post-trial motion for judgment... Continue reading
Posted Feb 14, 2012 at Intellectual Property and Tech Law Reports
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AstraZeneca Pharmaceuticals LP v. Apotex Corp.
In a patent infringement action involving patented methods for using the cholesterol-lowering drug rosuvastatin calcium, the district court's dismissal of the infringement claims is affirmed, where: 1) the district court erred in part by concluding that the plaintiffs' failure to... Continue reading
Posted Feb 13, 2012 at Intellectual Property and Tech Law Reports
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Mettler-Toledo, Inc. v. B-Tek Scales, LLC
In a patent infringement suit involving patents relating to technology for weighing objects, such as large commercial trucks: 1) the district court's denial of the plaintiff's motion for judgment as a matter of law is affirmed, where the district court... Continue reading
Posted Feb 13, 2012 at Intellectual Property and Tech Law Reports
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Adair v. Carter
On appeal a decision of the Board of Patent Appeals and Interferences holding that the appellants' single claim involved in an interference with the appellees was time-barred under 35 USC section 135(b)(1), the decision of the Board is affirmed, where:... Continue reading
Posted Feb 13, 2012 at Intellectual Property and Tech Law Reports
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Secalt, S.A. v. Wuxi Shenxi Construction Machinery Co., Ltd.
In a suit claiming that the defendant's traction hoists infringed the trade dress of the plaintiffs' traction hoist, the district court's grant of summary judgment, its finding of exceptionality, and its award of attorney's fees under the Lanham Act are... Continue reading
Posted Feb 13, 2012 at Intellectual Property and Tech Law Reports
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Peoples Federal Savings Bank v. People's United Bank
In trademark litigation between two banks using the word "People" in their name, the district court's denial of a motion for preliminary injunction and temporary restraining order is affirmed, where the district court did not err in its assessment of... Continue reading
Posted Feb 13, 2012 at Intellectual Property and Tech Law Reports
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Thorner v. Sony Computer Entertainment America LLC
In a patent infringement action concerning a patent relating to a tactile feedback system for computer video games, the district court's judgment of noninfringement upon stipulation is vacated and the case remanded, where: 1) the district court improperly limited the... Continue reading
Posted Feb 6, 2012 at Intellectual Property and Tech Law Reports
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HTC Corp. v. IPCom GmbH & Co., KG
In a dispute concerning a patent covering a handover in a cellular telephone network, the district court's denial of a motion for summary judgment of invalidity of claims is reversed, where the district court, based on its erroneous claim construction,... Continue reading
Posted Feb 6, 2012 at Intellectual Property and Tech Law Reports
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Krippelz v. Ford Motor Co.
In a patent infringement case involving a vehicle-mounted lamp, the district court's denial of the defendant's motion for judgment as a matter of law on invalidity is reversed, its summary judgment of infringement is vacated, and the case is remanded... Continue reading
Posted Feb 1, 2012 at Intellectual Property and Tech Law Reports
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Falana v. Kent State University
In a suit against a university and inventors listed on a patent alleging that the plaintiff was an omitted co-inventor, the district court’s judgment in favor of the plaintiff as to inventorship is affirmed, where: 1) the district court did... Continue reading
Posted Feb 1, 2012 at Intellectual Property and Tech Law Reports
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Dealertrack, Inc. v. Huber
In a patent infringement action involving patents directed to a computer-aided method and system for processing credit applications over electronic networks, the district court's rulings on summary judgment motions are affirmed in part, vacated in part, reversed in part, and... Continue reading
Posted Jan 24, 2012 at Intellectual Property and Tech Law Reports
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Washington State Republican Party v. Washington State Grange
In a suit involving the State of Washington's "top-two" primary election system, the district court's order granting the state's request for reimbursement of attorney's fees is reversed, and its summary judgment dismissal of the plaintiff's claims in other respects is... Continue reading
Posted Jan 24, 2012 at Intellectual Property and Tech Law Reports
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Abbott Point of Care Inc. v. Epocal, Inc.
The district court's dismissal of a patent infringement suit for lack of standing is affirmed, where: 1) contracts between the plaintiff's predecessors and the defendant did not assign the patents to the plaintiff; and 2) the district court did not... Continue reading
Posted Jan 16, 2012 at Intellectual Property and Tech Law Reports
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