Opinions Filed in January 2013

Lead It Corporation v. Tallapalli

The Copyright Act requires the copyright holder to register their works before suing for copyright infringement, however statutory damages and attorney's fees will be barred if the infringement of commenced after first publication of the work and before the effective date of its registration.

Area(s) of Law:
  • Copyright

Pfizer, Inc. v. Watson Pharmaceuticals, Inc.

Animal tests of multiple animals are not required for enablement purposes of pharmaceutical patents, so long as the claim reflects varied effects on different species.

Area(s) of Law:
  • Patents

Rexnord Industries, LLC v. Kappos

Prior art may anticipate a missing feature that must be necessarily present, or inherent, without explicitly disclosing that feature.

Area(s) of Law:
  • Patents

Alberts v. Kappos

If the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art, then the patent is obvious.

Area(s) of Law:
  • Patents

Whitaker v. Stanwood Imps.

Without further circumstantial evidence, wide dissemination and third party copying is insufficient to show access for copyright infringement.

Area(s) of Law:
  • Copyright

Parallel Networks, LLC v. Abercrombie & Fitch Co.

To demonstrate literal infringement, the plaintiff must show that the defendant infringed every claim limitation.

Area(s) of Law:
  • Patents

Wax v. Amazon Techs., Inc.

Using a mark for a variety of services preserves a priority for the mark's use.

Area(s) of Law:
  • Trademarks

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