Opinions Filed in January 2015

Tomaydo-Tomahhdo, LLC v. Vozary

Recipes are functional directions for achieving a result and are excluded from copyright protection under 17 U.S.C. 102(b).

Area(s) of Law:
  • Copyright
  • , Infringement

Money Suite Co. v. 21st Century Ins. & Fin. Servs.

Limitations are not inventive concepts which transform an abstract idea into patentable subject matter under 35 U.S.C. § 101

Area(s) of Law:
  • Patents

Kober Hanssen Mitchell Architects v. Wilson Care Home Kailua

An affirmative defense is only granted in a copyright infringement case if the defense appears on the face of the pleading and the defense is complete.

Area(s) of Law:
  • Copyright

Joao Control & Monitoring Sys., LLC v. Slomin's, Inc.

Area(s) of Law:
  • Patents
  • , Patent infringement

Derma Pen, LLC v. 4EverYoung Ltd.

The court of appeals for the 10th Circuit will issue a grant for a preliminary injuction when a party can show that they established a likelihood of success on the merits.

Area(s) of Law:
  • Trademarks
  • , Preliminary Injunctions

Clare v. Chrysler Group LLC

Defendant is not liable for patent infringement unless the product is literally equivalent to the patented product or fulfills the doctrine of equivalents.

Area(s) of Law:
  • Patents

Fed. Treasury Enter. Sojuzplodoimport v. Spirits Intern. B.V.

Under Russian law, a unitary enterprise may not claim ownership of intellectual property assigned to it by the owner.

Area(s) of Law:
  • Trademarks
  • , Russian Law

Getty Images Us v. Microsoft Corp.

Copyright infringement claims do not extend to copyrighted material if the material is not stated in the complaint, the material is impossible to identify, and the claim being brought for the copyrighted material lacks originality.

Area(s) of Law:
  • Copyright

7-Eleven, Inc. v. Grewal

If a franchisee continues to use a franchisor’s trademarks for the benefit of his business after justified termination for breach of agreement, then the franchisor has the right to enjoin the unauthorized use of its trademark pursuant to the Lanham Act.

Area(s) of Law:
  • Trademarks
  • , Trademark Infringement

Ultramercial, Inc. v. Hulu

A patent claim that is directed to an abstract idea does not move into §101 eligibility territory by merely requiring generic computer implementation.

Area(s) of Law:
  • Patents

Disney Enterprises, Inc. v. Entertainment Theatre Group

A prior decision barring a claim to copyright ownership precludes a defendant in a later case from making a claim of ownership as an affirmative defense.

Area(s) of Law:
  • Copyright

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