Citationv. P&G, 379 F.2d 675, 1967 U.S. App. LEXIS 5802, 154 U.S.P.Q. (BNA) 193 (1st Cir. Mass. June 28, 1967) Brief Fact Summary. Procter & Gamble (Defendant) used a contest rule very similar to that which Morrissey (Plaintiff) had copyrighted and used in a sales promotion contest. Synopsis of Rule of Law. A rule incidental to the operation of a noncopyrightable contest cannot itself be copyrighted if the information it conveys is so simple that there are only a number of ways in which it can be expressed. ...
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Griffith v. Kanamaru
CitationGriffith v. Kanamaru, 816 F.2d 624, 1987 U.S. App. LEXIS 201, 2 U.S.P.Q.2D (BNA) 1361 (Fed. Cir. Apr. 8, 1987) Brief Fact Summary. Griffith (Plaintiff) claimed to have priority over Kanamaru’s (Defendant) patent application, but the Board found that he had failed to establish reasonable diligence in completing the reduction to practice of the invention. Synopsis of Rule of Law. Courts may consider the reasonable everyday problems and limitations an inventor may encounter when evaluating excuses for inactivity in reduction to practice. ...
Baker v. Selden
CitationBaker v. Selden, 101 U.S. 99, 25 L. Ed. 841, 1879 U.S. LEXIS 1888, 11 Otto 99 (U.S. Jan. 19, 1880) Brief Fact Summary. Baker (Defendant) sold forms similar to forms contained in a bookkeeping system within Selden’s (Plaintiff) copyrighted book. Synopsis of Rule of Law. The copyright protection for a book explaining an art or system extends only to the author’s unique explanation of it and does not prevent others from using the system or the forms incidentally used. ...
City of Elizabeth v. Pavement Company
CitationElizabeth v. Pavement Co., 97 U.S. 126, 24 L. Ed. 1000, 1877 U.S. LEXIS 1761, 7 Otto 126 (U.S. May 13, 1878) Brief Fact Summary. American Nicholson Pavement Company (Plaintiff) sued the city of Elizabeth, N.J. (Defendant) for infringement of a patent for a new and improved wooden pavement. Synopsis of Rule of Law. Neither an inventor’s experimental use, nor anyone’s use under his direction, has ever been regarded as public use. ...
Feist Publications v. Rural Telephone Service
CitationFeist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 111 S. Ct. 1282, 113 L. Ed. 2d 358, 1991 U.S. LEXIS 1856, 18 U.S.P.Q.2D (BNA) 1275, 59 U.S.L.W. 4251, Copy. L. Rep. (CCH) P26,702, 91 Cal. Daily Op. Service 2217, 121 P.U.R.4th 1, 91 Daily Journal DAR 3580, 18 Media L. Rep. 1889, 68 Rad. Reg. 2d (P & F) 1513 (U.S. Mar. 27, 1991) Brief Fact Summary. When Feist Publications compiled its own white pages, it took 1,309 listings from Rural Telephone Service’s (Plaintiff) white pages and was then sued by Plaintiff for copyright infringement. Synopsis of Rule of Law. ...
Egbert v. Lippmann
CitationEgbert v. Lippmann, 104 U.S. 333, 26 L. Ed. 755, 1881 U.S. LEXIS 2008, 14 Otto 333 (U.S. Dec. 12, 1881) Brief Fact Summary.Lippmann (Defendant) argued that the inventor’s gift of his invention, a set of corset-springs, to his girlfriend, Egbert (Plaintiff), constituted public use, thereby invalidating the patent. Synopsis of Rule of Law. If an inventor, having made his device, gives or sells it to another, to be used without limitation or restriction, or injunction of secrecy, and the device is so used, such use is public, even though the use and knowledge of the use may ...
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 ...
In re Hall [Parties not identified.]
CitationIn re Hall, 781 F.2d 897, 1986 U.S. App. LEXIS 19970, 228 U.S.P.Q. (BNA) 453 (Fed. Cir. Jan. 16, 1986) Brief Fact Summary. The Patent Office rejected an application for a patent because a dissertation on the same topic had already been published overseas. Synopsis of Rule of Law. An invention that is already in the public domain is no longer patentable. ...
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 ...
Rosaire v. National Lead Co.
CitationRosaire v. Baroid Sales Div., Nat’l Lead Co., 218 F.2d 72, 1955 U.S. App. LEXIS 5351, 104 U.S.P.Q. (BNA) 100 (5th Cir. Tex. Jan. 7, 1955) Brief Fact Summary. National Lead Co. (Defendant) claimed that Rosaire’s (Plaintiff) patents were invalidated by a prior reduction to practice the same method and therefore Defendant had had not infringed on Plaintiff’s patents. Synopsis of Rule of Law. An invention that was known or used by others in this country before the patentee’s invention is not patentable. ...
Motion Picture Patents Company v. Universal Film Manufacturing Company et al
CitationMotion Picture Patents Co. v. Universal Film Mfg. Co., 243 U.S. 502, 37 S. Ct. 416, 61 L. Ed. 871, 1917 U.S. LEXIS 2017 (U.S. Apr. 9, 1917) Brief Fact Summary. Universal Film Manufacturing Company (Defendant) denied the validity of Motion Picture Patents Company’s (Plaintiff) patent, denied infringement, and claimed an implied license to use the patented machine without the restrictions imposed by the terms of the patent owner in a notice he put on the machine. Synopsis of Rule of Law.The exclusive right granted in every patent must be limited to the invention described in the ...
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 ...
C.R. Bard, Inc. v. Advanced Cardiovascular Systems, Inc.
CitationC.R. Bard, Inc. v. Advanced Cardiovascular Sys., 911 F.2d 670, 1990 U.S. App. LEXIS 13085, 15 U.S.P.Q.2D (BNA) 1540 (Fed. Cir. Aug. 2, 1990) Brief Fact Summary. C.R. Bard, Inc. (Bard) (Plaintiff) argued that Advanced Cardiovascular Systems, Inc. (Defendant) was a contributory infringer that had actively caused infringement of Plaintiff’s method patent for medical treatment. Synopsis of Rule of Law.An individual induces infringement under 35 U.S.C. § 271 by actively and knowingly aiding and abetting another person’s direct infringement. ...
Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.
CitationAriad Pharms., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 2010 U.S. App. LEXIS 5966, 94 U.S.P.Q.2D (BNA) 1161 (Fed. Cir. Mar. 22, 2010) Brief Fact Summary. After a jury found that Eli Lilly & Co. (Defendant) had infringed patent ‘516 held by Ariad Pharmaceuticals, Inc., and others (collectively, “Ariadâ€) (Plaintiff), and found that none of the asserted claims were invalid, the district court denied Defendant’s motion for judgment as a matter of law (JMOL). However, the court of appeals reversed, finding the claims invalid ...
Johnson & Johnson Associates Inc. v. R.E. Service Co., Inc
CitationJohnson & Johnston Assocs. v. R.E. Serv. Co., 285 F.3d 1046, 2002 U.S. App. LEXIS 5171, 62 U.S.P.Q.2D (BNA) 1225 (Fed. Cir. Mar. 28, 2002) Brief Fact Summary. Patentee Johnson & Johnston Associates, Inc. (Plaintiff) brought suit against competitor R.E. Service Co., Inc. (Defendant) for patent infringement of aluminum/steel substrates used in the manufacture of circuit boards. Synopsis of Rule of Law. In a patent specification, under the doctrine of equivalents, there is no access to any subject matter that is disclosed but not claimed. ...
The Incandescent Lamp Patent
CitationIncandescent Lamp Patent, 159 U.S. 465, 16 S. Ct. 75, 40 L. Ed. 221, 1895 U.S. LEXIS 2312 (U.S. Nov. 11, 1895) Brief Fact Summary. The Electric Light Company (Plaintiff) filed suit to recover damages allegedly incurred for infringement of their letters of patent. Synopsis of Rule of Law. A patent must state specifically the composition of the materials to be combined to produce the intended result and if they are not capable of an exact description, then the inventor is not entitled to a patent. ...
Computer Associates International v. Altai, Inc
CitationComputer Assocs. Int’l v. Altai, 982 F.2d 693, 1992 U.S. App. LEXIS 33369, 119 A.L.R. Fed. 741, 92 Cal. Daily Op. Service 10213 (2d Cir. N.Y. Dec. 17, 1992) Brief Fact Summary. Upon discovering that Altai, Inc. (Defendant) may have appropriated parts of its “Adapter†computer program, Computer Associates International (Plaintiff) sued Defendant for copyright infringement and trade secret misappropriation. Synopsis of Rule of Law. For a finding of copyright infringement, the protectable, nonliteral elements of one computer program must be very sim ...
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 ...
TrafFix Devices, Inc. v. Marketing Displays, Inc.
CitationTraffix Devices v. Mktg. Displays, 532 U.S. 23, 121 S. Ct. 1255, 149 L. Ed. 2d 164, 2001 U.S. LEXIS 2457, 58 U.S.P.Q.2D (BNA) 1001, 69 U.S.L.W. 4172, 2001 Cal. Daily Op. Service 2223, 2001 Daily Journal DAR 2796, 2001 Colo. J. C.A.R. 1496, 14 Fla. L. Weekly Fed. S 135 (U.S. Mar. 20, 2001) Brief Fact Summary. Marketing Displays, Inc. (MDI) (Plaintiff) brought suit against TrafFix Devices, Inc. (Defendant) for trade dress infringement of a dual-spring mechanism designed to allow temporary road signs to remain standing in high gusts of wind. Synopsis of Rule of Law. An expired utility ...
Wal-Mart Stores, Inc. v. Samara Brothers, Inc.
CitationWal-Mart Stores v. Samara Bros., 529 U.S. 205, 120 S. Ct. 1339, 146 L. Ed. 2d 182, 2000 U.S. LEXIS 2197, 54 U.S.P.Q.2D (BNA) 1065, 68 U.S.L.W. 4217, 2000 Cal. Daily Op. Service 2270, 2000 Daily Journal DAR 3057, 2000 Colo. J. C.A.R. 1481, 13 Fla. L. Weekly Fed. S 195 (U.S. Mar. 22, 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, w ...
Johnson & Johnson * Merck Consumer Pharmaceuticals Co. v. SmithKline Beecham Corp.
CitationJohnson & Johnson v. Smithkline Beecham Corp., 960 F.2d 294, 1992 U.S. App. LEXIS 6800, 22 U.S.P.Q.2D (BNA) 1362, 1993-2 Trade Cas. (CCH) P70,467 (2d Cir. N.Y. Apr. 1, 1992) Brief Fact Summary. Merck (Plaintiff) alleged that Smithkline’s (Defendant) television commercials were false and misleading as they intentionally exploited a public misperception. Synopsis of Rule of Law. An advertisement is false and misleading only if a substantial part of the audience holds the false belief and injury is suffered. ...
Two Pesos, Inc. v. Taco Cabana, Inc.
CitationTwo Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 112 S. Ct. 2753, 120 L. Ed. 2d 615, 1992 U.S. LEXIS 4533, 23 U.S.P.Q.2D (BNA) 1081, 60 U.S.L.W. 4762, 92 Cal. Daily Op. Service 5571, 92 Daily Journal DAR 8910, 6 Fla. L. Weekly Fed. S 643 (U.S. June 26, 1992) Brief Fact Summary. Taco Cabana, Inc. (Plaintiff) sought to assert trademark protection for its trade dress, despite such dress not having acquired a secondary meaning. Synopsis of Rule of Law. Trade dress that is inherently distinctive may be subject to trademark protection even if it has not acquired a secondary meaning. ...
Tiffany Inc. v. eBay Inc
CitationTiffany (NJ) Inc. v. eBay, Inc., 600 F.3d 93, 2010 U.S. App. LEXIS 6735, 94 U.S.P.Q.2D (BNA) 1188, 2010-1 Trade Cas. (CCH) P77,013 (2d Cir. N.Y. Apr. 1, 2010) Brief Fact Summary. Tiffany (NJ) Inc. (Plaintiff) and Tiffany and Company (Plaintiff) sold high-end jewelry in retail stores, catalogues, and online but not through second-hand vendors or third-party online retailers. eBay Inc. (Defendant) sells goods online by connecting third-party sellers and buyers and without ever taking possession of the goods. Plaintiff accused eBay of knowingly permitting the s ...
The Murphy Door Bed Co., Inc. v. Interior Sleep Systems, Inc.
CitationMurphy Door Bed Co. v. Interior Sleep Systems, Inc., 874 F.2d 95, 1989 U.S. App. LEXIS 6161, 10 U.S.P.Q.2D (BNA) 1748 (2d Cir. N.Y. May 1, 1989) Brief Fact Summary. The Murphy Door Bed Co. (Plaintiff), manufacturer of Murphy beds, claimed that its common law trademark had been infringed. Synopsis of Rule of Law. The burden is on the defendant to prove that a term has become generic where the public is said to have expropriated a term established by a product developer. ...
Lamparello v. Falwell
CitationLamparello v. Falwell, 420 F.3d 309, 2005 U.S. App. LEXIS 18156, 76 U.S.P.Q.2D (BNA) 1024 (4th Cir. Va. Aug. 24, 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 spel ...