Setup: Section 1 Logic Game 1

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Specht v. Netscape Communications Corp
Brief

Citation306 F.3 17 (2d Cir. 2002) Brief Fact Summary. Internet users (Plaintiff) brought suit against Netscape Communications (Defendant) over the ambiguous terms in an online contract to download a variety of Internet programs. Synopsis of Rule of Law. When a computer user is invited to download “free” products, when the terms of the contract are not reasonably clear to the user, the user cannot be bound by the terms of the contract. ...

In re Fisher
Brief

CitationIn re Fisher, 421 F.3d 1365, 2005 U.S. App. LEXIS 19259, 76 U.S.P.Q.2D (BNA) 1225 (Fed. Cir. Sept. 7, 2005) Brief Fact Summary. Fisher (Plaintiff) argued that his claimed invention, relating to five purified nucleic acid sequences (genes), commonly referred to as expressed sequence tags (ESTs), that encoded proteins and protein fragments in maize plants, had a specific and substantial utility and that his patent application enabled one of ordinary skill in the art to use the invention. Synopsis of Rule of Law. A patent application that discloses general, generic uses of a claimed ...

Brenner v. Manson
Brief

CitationBrenner v. Manson, 383 U.S. 519, 86 S. Ct. 1033, 16 L. Ed. 2d 69, 1966 U.S. LEXIS 2907, 148 U.S.P.Q. (BNA) 689 (U.S. Mar. 21, 1966) Brief Fact Summary. Manson (Plaintiff) sought to patent a chemical process whose only demonstrable utility was to aid in research. Synopsis of Rule of Law. A process whose only demonstrable utility is to aid in research is not patentable. ...

Bilski v. Kappos
Brief

CitationBilski v. Kappos, 130 S. Ct. 3218, 561 U.S. 593, 177 L. Ed. 2d 792, 2010 U.S. LEXIS 5521, 95 U.S.P.Q.2D (BNA) 1001, 78 U.S.L.W. 4802, 2010-1 U.S. Tax Cas. (CCH) P50,481, 22 Fla. L. Weekly Fed. S 703 (U.S. June 28, 2010) Brief Fact Summary. Petitioners submitted an application to patent a business method using a mathematical algorithm to hedge against price changes in the energy market.  The patent examiner rejected the application because it was related to an abstract idea with no relationship to a specific apparatus. Synopsis of Rule of Law. The machine-or-transformat ...

Diamond v. Chakrabarty
Brief

CitationDiamond v. Chakrabarty, 447 U.S. 303, 100 S. Ct. 2204, 65 L. Ed. 2d 144, 1980 U.S. LEXIS 112, 206 U.S.P.Q. (BNA) 193 (U.S. June 16, 1980) Brief Fact Summary. Chakrabarty (Plaintiff) sought to patent a live, man-made microorganism. Synopsis of Rule of Law. A live, man-made microorganism is a non-naturally occurring composition and therefore may be patented. ...

Winston Research Corp. v. 3M Corp
Brief

CitationWinston Research Corp. v. 3M, 350 F.2d 134, 1965 U.S. App. LEXIS 4954, 146 U.S.P.Q. (BNA) 422 (9th Cir. Cal. July 9, 1965) Brief Fact Summary. Mincom (Plaintiff) argued that a two-year injunctive period protecting its trade secrets was too short, and that money damages should have been awarded for Winston Research Corp.’s (Defendant) infringement of its trade secrets, while Defendant argued that an injunction was not appropriate because the definition of trade secrets the district court used was too broad.  Synopsis of Rule of Law. (1) A particular embodiment of ...

Warner-Lambert Pharmaceutical Co. v. John J. Reynolds, Inc
Brief

CitationWarner-Lambert Pharm. Co. v. John J. Reynolds, Inc., 178 F. Supp. 655, 1959 U.S. Dist. LEXIS 2567, 123 U.S.P.Q. (BNA) 431 (D.N.Y. Nov. 16, 1959) Brief Fact Summary. The Warner-Lambert Pharmaceutical Co. (Plaintiff) claimed that since the formula for Listerine was no longer a trade secret, it was not required to make further payments to John J. Reynolds, Inc. (Defendant) pursuant to earlier licensing agreements. Synopsis of Rule of Law. Parties are free to contract in any manner with respect to a secret formula or trade secret. ...

Edwards v. Arthur Andersen, LLP
Brief

CitationEdwards v. Arthur Andersen LLP, 81 Cal. Rptr. 3d 282, 44 Cal. 4th 937, 189 P.3d 285, 2008 Cal. LEXIS 9618, 156 Lab. Cas. (CCH) P60,653, 2008-2 Trade Cas. (CCH) P76,299 (Cal. Aug. 7, 2008) Brief Fact Summary. Edwards (Plaintiff), a Certified Public Accountant who had been employed by Arthur Andersen, LLP (Defendant), argued that the noncompetition agreement he had signed when hired was invalid because, in violation of state statute, it restrained his ability to practice his accounting profession. Synopsis of Rule of Law. A noncompetition agreement, even if it is narrowly drawn so i ...

Kadant, Inc. v. Seeley Machine, Inc
Brief

CitationKadant, Inc. v. Seeley Mach., Inc., 244 F. Supp. 2d 19, 2003 U.S. Dist. LEXIS 1365 (N.D.N.Y. Jan. 30, 2003) Brief Fact Summary. Kadant, Inc. (Plaintiff) claimed that its former employee, Corlew, stole design specifications for its products, which, it claimed, were trade secrets, and that Corlew gave the trade secrets to his new employer, Seeley Machine, Inc. (Defendant), which then used them to develop a new line of products. Synopsis of Rule of Law. Trade secret protection is not appropriate where a plaintiff does not provide evidence showing that the defendant improperly obtaine ...

Smith v. Dravo Corp
Brief

CitationSmith v. Dravo Corp, 203 F.2d 369, 1953 U.S. App. LEXIS 4423, 97 U.S.P.Q. (BNA) 98 (7th Cir. Ill. Apr. 10, 1953) Brief Fact Summary. Safeway Containers (Plaintiff) had disclosed its secret design to Dravo Corp. (Defendant) for them to appraise it, later alleging that the Defendant had unlawfully misappropriated the secret design. Synopsis of Rule of Law. A confidential relationship may be implied without an express promise of trust. ...

E.I. DuPont deNemours & Co. v. Christopher
Brief

CitationE. I. du Pont deNemours & Co. v. Christopher, 431 F.2d 1012, 1970 U.S. App. LEXIS 8091, 167 U.S.P.Q. (BNA) 1, 166 U.S.P.Q. (BNA) 421 (5th Cir. Tex. July 20, 1970) Brief Fact Summary. E.I. duPont deNemours & Co. (duPont) (Plaintiff) alleged that the Christophers (Defendant) had wrongfully obtained photos revealing trade secrets belonging to Plaintiff. Synopsis of Rule of Law. To become knowledgeable of a process without spending the time and money to discover it independently is improper unless the holder voluntarily reveals it or does not take reasonable precautions to kee ...

Data General Corp. v. Digital Computer Controls, Inc.
Brief

CitationData General Corp. v. Digital Computer Controls, Inc., 297 A.2d 437, 1972 Del. LEXIS 315, 1972 Trade Cas. (CCH) P74,191 (Del. 1972), aff’d, 297 A.2d 437 (Del. S. Ct. 1972) Brief Fact Summary. Data General Corp. (Plaintiff) sought an order preliminarily enjoining Digital Computer Controls, Inc. (Defendant) from making use of claimed trade secrets allegedly contained in design drawings. Synopsis of Rule of Law. To prove violation of a trade secret, a plaintiff must demonstrate the existence of a trade secret, that the defendant did not properly receive the information in ques ...

Harper & Row Publishers, Inc. v. Nation Enterprises
Brief

CitationHarper & Row, Publrs. v. Nation Enters., 471 U.S. 539, 105 S. Ct. 2218, 85 L. Ed. 2d 588, 1985 U.S. LEXIS 17, 225 U.S.P.Q. (BNA) 1073, 53 U.S.L.W. 4562, 11 Media L. Rep. 1969 (U.S. May 20, 1985) Brief Fact Summary. Nation Enterprises (Defendant) argued that its use of quotes from a yet-unpublished set of memoirs constituted fair use. Synopsis of Rule of Law. Publication of parts of a work soon to be published does not qualify as fair use. ...

Sony Corporation of America v. Universal City Studios, Inc
Brief

CitationSony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417, 104 S. Ct. 774, 78 L. Ed. 2d 574, 1984 U.S. LEXIS 19, 220 U.S.P.Q. (BNA) 665, 224 U.S.P.Q. (BNA) 736, 52 U.S.L.W. 4090, 55 Rad. Reg. 2d (P & F) 156 (U.S. Jan. 17, 1984) Brief Fact Summary. Movie studios (Plaintiff) that owned copyrights in movies and other television programming argued that Sony (Defendant) contributed to copyright infringement of their copyrighted works by marketing videocassette recorders (VCRs or VTRs) that enabled users to record the programs. Synopsis of Rule of Law. One who supplies the way to ...

Larami Corp. v. Amron
Brief

CitationLarami Corp. v. Amron, 27 U.S.P.Q.2D (BNA) 1280, 1993 U.S. Dist. LEXIS 3097 (E.D. Pa. Mar. 11, 1993) Brief Fact Summary. Amron (Defendant), a manufacturer of toy water guns, claimed that Larami Corp. (Plaintiff), another manufacturer, had infringed on its patent. Synopsis of Rule of Law. Literal infringement of a patent cannot be proven if the accused product is missing even one element of the claim. ...

Phillips v. AWH Corporation
Brief

CitationPhillips v. AWH Corp., 415 F.3d 1303, 2005 U.S. App. LEXIS 13954, 75 U.S.P.Q.2D (BNA) 1321 (Fed. Cir. July 12, 2005) Brief Fact Summary. Phillips (Plaintiff), who sued AWH Corp. (Defendant) for patent infringement, argued that the term “baffles†in claim 1 of his patented invention (the ‘798 patent) was not used in a restrictive manner in order to exclude structures that extend at a 90-degree angle from walls, and that the term should be given its plain meaning, rather than limiting the term to corresponding structures disclosed in ...

Nichols v. Universal Pictures Corporation
Brief

CitationNichols v. Universal Pictures Corp., 45 F.2d 119, 1930 U.S. App. LEXIS 3587 (2d Cir. N.Y. Nov. 10, 1930) Brief Fact Summary. Plaintiff, author of the play, “Abie’s Irish Rose,†sued defendant, producer of the motion picture, “The Cohens and The Kellys,†which Plaintiff claims was taken from his play. Synopsis of Rule of Law. Two plays may be similar enough in plot for a finding of infringement. ...

Arnstein v. Porter
Brief

CitationArnstein v. Porter, 154 F.2d 464, 1946 U.S. App. LEXIS 3889, 68 U.S.P.Q. (BNA) 288 (2d Cir. N.Y. Feb. 11, 1946) Brief Fact Summary. Cole Porter (Defendant) defended an infringement suit by denying having access to the songs or copying them. Synopsis of Rule of Law. In a copyright infringement dispute, if there is evidence of access and similarities exist, then the trier of the facts must decide whether the similarities are enough to prove copying. ...

In re Kubin
Brief

CitationIn re Kubin, 561 F.3d 1351, 2009 U.S. App. LEXIS 6914, 90 U.S.P.Q.2D (BNA) 1417 (Fed. Cir. Apr. 3, 2009) Brief Fact Summary. Kubin and Goodwin claimed a patent on the isolation and sequencing of DNA molecules encoding a protein known as the Natural Killer Cell Activation Inducing Ligand (NAIL). The Board of Patent Appeals and Interferences (the Board) rejected their claim as obvious, finding that the claim was the product of ordinary skill and commonsense, and not of innovation. Therefore, NAIL cDNA was not patentable because it would have been obvious to isolate it. Synopsis of R ...

Aalmuhammed v. Lee
Brief

CitationAalmuhammed v. Lee, 202 F.3d 1227, 2000 U.S. App. LEXIS 1378, 53 U.S.P.Q.2D (BNA) 1661, Copy. L. Rep. (CCH) P28,010, 2000 Cal. Daily Op. Service 940, 2000 Daily Journal DAR 1397 (9th Cir. Cal. Feb. 4, 2000) Brief Fact Summary. Aalmuhammed (Plaintiff) sought a declaratory judgment that he was a co-owner of the copyright in a movie and was therefore entitled to an accounting of the profits from the movie. Synopsis of Rule of Law. A person claiming to be a co-owner of a joint work must prove that both parties intended the work to be a joint work. ...

KSR International Co. v. Teleflex, Inc.
Brief

CitationKSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 167 L. Ed. 2d 705, 2007 U.S. LEXIS 4745, 82 U.S.P.Q.2D (BNA) 1385, 75 U.S.L.W. 4289, 20 Fla. L. Weekly Fed. S 248 (U.S. Apr. 30, 2007) Brief Fact Summary. Teleflex, Inc. (Plaintiff) brought suit against KSR International Co. (KSR) (Defendant) for patent infringement based on KSR’s (Defendant) addition of an electronic sensor to an existing pedal design. Defendant argued the addition was obvious, so Plaintiff’s patent claim was invalid. Synopsis of Rule of Law. When determining a patent claim’s obv ...

Community for Creative Non-Violence at al. v. Reid
Brief

CitationCmty. for Creative Non-Violence v. Reid, 490 U.S. 730, 109 S. Ct. 2166, 104 L. Ed. 2d 811, 1989 U.S. LEXIS 2727, 10 U.S.P.Q.2D (BNA) 1985, 57 U.S.L.W. 4607, Copy. L. Rep. (CCH) P26,425, 16 Media L. Rep. 1769 (U.S. June 5, 1989) Brief Fact Summary. Reid (Defendant) created a sculpture on commission from the Community for Creative Non-Violence (Plaintiff), and contended that since he had not been employed by it under common law agency principles, he owned the copyright of the sculpture. Synopsis of Rule of Law. Under common-law agency principles, one who creates an artwork at the direc ...

Brandir International, Inc. v. Cascade Pacific Lumber Co
Brief

CitationBrandir Int’l, Inc. v. Cascade Pac. Lumber Co., 834 F.2d 1142, 1987 U.S. App. LEXIS 15867, 5 U.S.P.Q.2D (BNA) 1089, Copy. L. Rep. (CCH) P26,200 (2d Cir. N.Y. Dec. 2, 1987) Brief Fact Summary.Brandir International, Inc. (Plaintiff) sold a wire sculpture as a bicycle rack that by was deemed not to be copyrightable because it was an industrial design not subject to copyright protection. Synopsis of Rule of Law. Copyrightability ultimately depends on the extent to which the work reflects artistic expression not restricted by functional considerations. ...

Graham v. John Deere Co.
Brief

CitationGraham v. John Deere Co., 383 U.S. 1, 86 S. Ct. 684, 15 L. Ed. 2d 545, 1966 U.S. LEXIS 2908, 148 U.S.P.Q. (BNA) 459 (U.S. Feb. 21, 1966) Brief Fact Summary. Graham (Plaintiff) submitted a plow accessory that was an extension of the state-of-the-art design for a patent. Synopsis of Rule of Law. A device is not patentable when it is an obvious extension of the state of the art for that type of device. ...