CitationBanco Nacional De Cuba v. Sabbatino, 376 U.S. 398, 84 S. Ct. 923, 11 L. Ed. 2d 804, 1964 U.S. LEXIS 2252 (U.S. Mar. 23, 1964) Brief Fact Summary The Cuban government sought to recover money owed according to a contract for the sale of sugar. Synopsis of Rule of Law Federal law must determine the scope of the act-of-state doctrine. ...
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Dice v. Akron, Canton & Youngstown R.R.
CitationDice v. Akron, C. & Y. R. Co., 342 U.S. 359, 72 S. Ct. 312, 96 L. Ed. 398, 1952 U.S. LEXIS 2462, 63 Ohio L. Abs. 161, 47 Ohio Op. 53 (U.S. Feb. 4, 1952) Brief Fact Summary Dice (Plaintiff), a railroad fireman who was injured when Akron’s (Defendant) train jumped the track, claimed that he was defrauded when Defendant informed him that the receipts he signed for $924.63 were not a full release of Defendant’s liability to him when actually they were. Synopsis of Rule of Law The right to trial by jury, being a substantial part of the rights given under the Federal Employ ...
Boumediene v. Bush
CitationBoumediene v. Bush, 553 U.S. 723, 128 S. Ct. 2229, 171 L. Ed. 2d 41, 2008 U.S. LEXIS 4887, 76 U.S.L.W. 4406, 21 Fla. L. Weekly Fed. S 329 (U.S. June 12, 2008) Brief Fact Summary Boumediene (Plaintiff), a detainee at Guantanamo Bay, Cuba, filed a petition for habeas corpus. Synopsis of Rule of Law Guantanamo Bay is under the complete and total control of the United States and, therefore, the Constitution’s writ of habeas corpus has full effect for detainees held on the base. ...
Siegelman v. Cunard White Star Ltd.
CitationSiegelman v. Cunard White Star, 221 F.2d 189, 1955 U.S. App. LEXIS 4779 (2d Cir. N.Y. Feb. 17, 1955). Brief Fact Summary Mrs. Siegelman (Plaintiff) was crossing the Atlantic Ocean aboard a Cunard (Defendant) ship when she was injured. Her ticket contained a clause that required suits for injury to be brought within one year and that all disputes arising out of the contract would be decided by reference to English law. Synopsis of Rule of Law The parties to a contract may stipulate in the contract which law will govern disputes regarding interpretation or validity of the ...
Haumschild v. Continental Casualty Co.
CitationHaumschild v. Cont’l Casualty Co., 7 Wis. 2d 130, 95 N.W.2d 814, 1959 Wisc. LEXIS 402 (Wis. 1959) Brief Fact Summary Mrs. Haumschild (Plaintiff) was injured as a result of her husband’s negligence while they were traveling in California. She brought suit in Wisconsin where they lived. Synopsis of Rule of Law Interspousal immunity for tort actions is a rule of family law and not tort law and the law of the spouses’ domicile governs, not the law of the place where the wrong occurred. ...
Winston Research Corp. v. 3M Corp
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
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
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 ...
Smith v. Dravo Corp
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. ...
Data General Corp. v. Digital Computer Controls, Inc.
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 ...
Rockwell Graphic Systems, Inc. v. DEV Industries, Inc.
CitationRockwell Graphic Systems, Inc. v. DEV Industries, Inc., 925 F.2d 174, 1991 U.S. App. LEXIS 1969, 17 U.S.P.Q.2D (BNA) 1780 (7th Cir. Ill. Feb. 11, 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. ...
Harper & Row Publishers, Inc. v. Nation Enterprises
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. ...
Larami Corp. v. Amron
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
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
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. ...
In re Seagate Technology, LLC
CitationIn re Seagate Tech., LLC, 497 F.3d 1360, 2007 U.S. App. LEXIS 19768, 83 U.S.P.Q.2D (BNA) 1865 (Fed. Cir. Aug. 20, 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 recklessnes ...
eBay, Inc. v. MercExchange, LLC
CitationeBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 126 S. Ct. 1837, 164 L. Ed. 2d 641, 2006 U.S. LEXIS 3872, 78 U.S.P.Q.2D (BNA) 1577, 74 U.S.L.W. 4248, 27 A.L.R. Fed. 2d 685, 19 Fla. L. Weekly Fed. S 197 (U.S. May 15, 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 ...
Therasense, Inc. v. Becton, Dickinson and Co
CitationTherasense, Inc. v. Becton, Dickinson & Co., 649 F.3d 1276, 2011 U.S. App. LEXIS 10590, 99 U.S.P.Q.2D (BNA) 1065 (Fed. Cir. May 25, 2011) 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 o ...
Juicy Whip, Inc. v. Orange Bang, Inc.
CitationJuicy Whip, Inc. v. Orange Bang, Inc., 185 F.3d 1364, 1999 U.S. App. LEXIS 18342, 51 U.S.P.Q.2D (BNA) 1700 (Fed. Cir. Aug. 6, 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 j ...