Rockwell Graphic Systems, Inc. v. DEV Industries, Inc.
Brief

View this case and other resources at: Citation. 925 F.2d 174 (7th Cir. 1991) Brief Fact Summary. Rockwell Graphic Systems, Inc. (Plaintiff) sued two former employees for misappropriation of trade secrets when they started working for a competitor, DEV Industries, Inc. (Defendant), and using secret drawings. Synopsis of Rule of Law. Holders of trade secrets are required to take reasonable precautions to keep the secrets confidential.   ...

EASEMENTS AND PROMISES CONCERNING LAND
StudyBuddy

CHAPTER 9 EASEMENTS AND PROMISES CONCERNING LAND Introductory note:  This chapter considers various rights which one may have in the land of another. These fall into two broad classes: (1) easements (and the related concept of licenses); and (2) promises concerning land, which include both covenants that may be enforced at law, and so-called “equitable servitudes,”  which are enforceable in equity (usually by injunction). I. EASEMENTS GENERALLY A. Definition of easement:  An easement is a privilege to use the land of another. Easements can be of either an affirmative or negat ...

Personal Jurisdiction: The Enigma of Minimum Contacts
StudyBuddy

CHAPTER 1 Personal Jurisdiction The Enigma of Minimum Contacts INTRODUCTION There is no place to start like the beginning, and the usual beginning for the defendant is the receipt of a summons from the court with an order to appear and defend a lawsuit. It is never a prospect that evokes much enthusiasm, but the reception is likely to be even chillier if the suit has been filed in a distant state. The defendant will want to know why on earth the plaintiff has chosen to sue in a court a thousand miles away and, perhaps more to the point, whether she can sue there. The answer to the se ...

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

View this case and other resources at: Citation. 471 U.S. 539 (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 Nation Enterprises (Defendant) argued that its use of quotes from a yet-unpublished set of memoirs constituted fair use.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. ...

Larami Corp. v. Amron
Brief

View this case and other resources at: Citation. 27 U.S.P.Q.2d 1280 (E.D. Pa. 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

View this case and other resources at: Citation. 415 F.3d 1303 (Fed. Cir. 2005) (en banc) (Fed. Cir. 2009) 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 the patent’s specification, or ...

Nichols v. Universal Pictures Corporation
Brief

View this case and other resources at: Citation. 45 F.2d 119 (2d Cir. 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. ...

In re Seagate Technology, LLC
Brief

View this case and other resources at: Citation. 497 F.3d 1360 (Fed. Cir. 2007) Brief Fact Summary.The trial court held Seagate Technology, LLC (Seagate) (Defendant) waived its attorney-client privilege and work product protection for in-house, trial, and opinion counsel communications concerning the infringement, invalidity, and enforceability of Convolve patents.  Defendant sought a writ of mandamus to vacate the trial court’s order for document production. Synopsis of Rule of Law. A patentee must show objective recklessness to recover enhanced damages on proof of ...

eBay, Inc. v. MercExchange, LLC
Brief

View this case and other resources at: Citation. 547 U.S. 388 (2006) Brief Fact Summary.Ebay, Inc. (Defendant) and MercExchange, LLC (Plaintiff) could not agree on a license for Plaintiff’s patent.  When Defendant proceeded with its website, Plaintiff sued for patent infringement and won damages arising from Defendant’s liability.  Plaintiff also sought a permanent injunction. Synopsis of Rule of Law.The traditional four-part equitable test for injunctive relief applies to Patent Act cases. ...

Therasense, Inc. v. Becton, Dickinson and Co
Brief

View this case and other resources at: Citation. 649 F.3d 1276 (Fed. Cir. 2010) Brief Fact Summary. Therasense, Inc. (Plaintiff) and its parent company, Abbott (Plaintiff), petitioned for a rehearing following the court of appeals affirmation of the district court’s judgment that Plaintiff’s ‘551 patent was unenforceable as a consequence of inequitable conduct.  Plaintiffs argued that the court of appeals had applied an overbroad legal standard for inequitable conduct. Synopsis of Rule of Law.The standard for inequitable conduct must be tightly drawn, where the stan ...

Juicy Whip, Inc. v. Orange Bang, Inc.
Brief

View this case and other resources at: Citation. 185 F.3d 1364 (Fed. Cir. 1999) Brief Fact Summary. Juicy Whip, Inc. (Plaintiff) sued Orange Bang, Inc. (Defendant), claiming infringement on its beverage-dispensing patent. Defendant argued the dispenser lacked utility and was therefore unpatentable. Synopsis of Rule of Law. The statutory requirement of utility is satisfied if one product can be altered to resemble another product because that in and of itself is a benefit. An invention does not lack utility for patent purposes just because it uses imitation to fool ...

Wal-Mart Stores, Inc. v. Samara Brothers, Inc.
Brief

View this case and other resources at: Citation. 529 U.S. 205 (2000) Brief Fact Summary. Under the trademark Act of 1946, Samara Brothers, Inc. (Plaintiff) brought suit against Wal-Mart Stores, Inc. (Defendant) for, among other causes of action, infringement of an unregistered trade dress design. Synopsis of Rule of Law. Under § 43(a) of the Lanham Act, without a showing of a secondary meaning, an unregistered trade dress design is not distinctive and, therefore, not protected from infringement. ...

Lamparello v. Falwell
Brief

View this case and other resources at: Citation. 420 F.3d 309 (4th Cir. 2005) Brief Fact Summary. Lamparello (Plaintiff) argued that his gripe website, www.fallwell.com, aimed at criticizing the views of Reverend Jerry Falwell (Reverend Falwell) (Defendant), an outspoken, nationally known minister, did not infringe on Defendant’s trademarks; did not constitute false designation of origin; and did not constitute illegal cybersquatting. Synopsis of Rule of Law. (1) A gripe website, the domain name of which contains an almost identical spelling of a trademark owned by the tar ...

Viacom Int’l, Inc. v. YouTube
Brief

View this case and other resources at: Brief Fact Summary. Viacom International, Inc. (Viacom) and other copyright holders (collectively, “plaintiffs”) (Plaintiff) alleged direct and secondary copyright infringement based on the public performance, display, and reproduction of about 79,000 audiovisual “clips” shown on the YouTube (Defendant) website, an online video sharing service. The plaintiffs (Plaintiff) argued that YouTube (Defendant) was not entitled to safe harbor protection under the Digital Millennium Copyright Act (DMCA) for airing the clips becaus ...

Nadel v. Play-by-Play Toys & Novelties, Inc
Brief

View this case and other resources at: Citation. 208 F.3d 368 (2d Cir. 2000) Brief Fact Summary. Nadel (Plaintiff), a toy idea person, sued Play-by-Play Toys & Novelties, Inc. (Defendant), a toy manufacturer, for taking its toy idea without paying compensation. Synopsis of Rule of Law. Showing genuine novelty or invention can sustain claims for breach of contract, quasi-contract, and unfair competition. ...

ProCD, Inc. v. Zeidenberg
Brief

View this case and other resources at: Citation. 86 F.3d 1447 (7th Cir. 1996) Brief Fact Summary. ProCD, Inc. (Plaintiff) sued Zeidenberg (Defendant) for violation of a shrink-wrapped license included inside its CD-ROM database. Synopsis of Rule of Law. Shrink-wrap licenses are enforceable unless their terms are objectionable on grounds that apply to contracts in general. ...

Lindy Pen Company, Inc. v. Big Pen Corporation
Brief

View this case and other resources at: Citation. 982 F.2d 1400 (9th Cir. 1993) Brief Fact Summary. Lindy Pen Company, Inc. (Liny) (Plaintiff) brought suit against Bic Pen Corporation (Bic) (Defendant) claiming trademark infringement, breach of contract, unfair competition, and trademark dilution; an accounting was ordered by the Ninth Circuit. Synopsis of Rule of Law. In those cases where infringement yields financial rewards, an accounting of profits will be ordered so as to prevent trademark infringement. ...

CAPSULE SUMMARY
StudyBuddy

CAPSULE SUMMARY Chapter 1 INTRODUCTION I. THREE STANDARDS OF REVIEW A. Three standards:  There are three key standards of review which reappear constantly throughout Constitutional Law. When a court reviews the constitutionality of government action, it is likely to be choosing from among one of these three standards of review: (1) the mere-rationality standard; (2) the strict scrutiny standard; and (3) the middle-level review standard. 1. Mere-rationality:  Of the three standards, the easiest one to satisfy is the “mere-rationality” standard. When the court applies this “mere- ...

SOME BASIC ISSUES IN CRIMINAL LAW
StudyBuddy

CAPSULE SUMMARY Chapter 1 SOME BASIC ISSUES IN CRIMINAL LAW I. A BRIEF INTRODUCTION TO CRIMINAL LAW A. Felonies vs. misdemeanors:  Modern criminal statutes typically divide crimes into two broad categories: felonies and misdemeanors. A good general rule, at least for state as opposed to federal crimes, is that: a felony is a serious crime that is punishable by at least one year in a state prison; and  a misdemeanor is a lesser crime for which the maximum penalty is either: (a) incarceration for less than a year, typically in a city or county jail rather than in a state prison; ...

I. A BRIEF INTRODUCTION TO CRIMINAL LAW
StudyBuddy

Chapter 1 SOME BASIC ISSUES IN CRIMINAL LAW I. A BRIEF INTRODUCTION TO CRIMINAL LAW A. Nature of criminal law: In this book, we discuss “criminal law.” More precisely, we cover “substantive” criminal law as opposed to “procedural” criminal law. Substantive criminal law is mainly concerned with how crimes are defined, how those who commit them should be punished, and what defenses or mitigating factors should be recognized once the prosecution has proved the existence of each element of a crime. (By contrast, criminal procedure is concerned mainly with how the police in ...

CAPSULE SUMMARY
StudyBuddy

CAPSULE SUMMARY Chapter 1 INTRODUCTION I. CIVIL PROCEDURE GENERALLY A.  A road map: Here is a "road map" for analyzing a Civil Procedure problem: 1. Personal jurisdiction: First, make sure that the court has "personal jurisdiction" or "jurisdiction over the parties." You must check to make sure that: (1) D had minimum contacts with the forum state (whether the court is a state or federal court); and (2) D received such notice and opportunity to be heard as to satisfy the constitutional requirement of due process. 2. Venue: Then, check whether venue was correct. In federal court suits, ...

INTRODUCTION
StudyBuddy

Chapter 1 INTRODUCTION I. CIVIL PROCEDURE GENERALLY A. “Civil” procedure vs. “criminal” procedure: “Civil” procedure refers to the rules of litigation for “civil” actions. Civil actions are best defined by contrasting them to “criminal” proceedings. In a criminal proceeding, the state is a party, and is asserting that an individual has committed a crime requiring punishment. In a civil action, by contrast, there is no assertion that the defendant has committed a crime. Instead, one private party (the plaintiff) has brought the suit, and is asserting that the ot ...

INTRODUCTION
StudyBuddy

CHAPTER 1 The Law of Property     INTRODUCTION Some courses on property law begin with the analysis of cases---sometimes they concern the acquisition of personal property, sometimes wild animals; and sometimes they introduce the subject with a U.S. Supreme Court case concerning the Fifth Amendment's takings clause or with a case about Native American claims to property that puts our American system into perspective. Historical and philosophical readings about property law's development might also be used to gain perspective.   Different perspectives on the institution or the idea o ...

INTRODUCTION
StudyBuddy

CHAPTER 1 INTRODUCTION I. “PROPERTY” GENERALLY A. General definition:  A person may be said to hold a property interest, in the broadest sense, if he has any right which the law will protect against infringement by others. In addition to tangible property (land and chattels), courts have increasingly recognized broad categories of intangible property interests. For instance, a teacher with tenure in a public school system may be found to have a constitutionally-protected property interest in continued employment. 1. Real and personal property:  In this book, we are concerned almost e ...

TWO TYPES OF NON-REAL PROPERTY: PERSONAL PROPERTY AND INTELLECTUAL PROPERTY
StudyBuddy

CHAPTER 2 TWO TYPES OF NON-REAL PROPERTY: PERSONAL PROPERTY AND INTELLECTUAL PROPERTY Introductory note:  This chapter considers two types of non-real property: personal property and intellectual property. With respect to personal property, we consider: (1) the rights of finders of lost chattels; (2) the rights of bona fide purchasers of goods; (3) bailments; and (4) gifts. With respect to intellectual property, we discuss briefly copyrights, trademarks, patents and the right of publicity. I. RIGHTS OF POSSESSORS A. Rights from possession generally:  Normally, one obtains title to g ...