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Results: 1-10 of 113

Court rules politician's use of music in a political ad is satire, not a fair use parody

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 9 2010

Musician Don Henley sued Charles DeVore, claiming that DeVore violated Henley's copyright in "The Boys of Summer" and "All She Wants To Do Is Dance."

Silicon Graphics, Inc. v. ATI Technologies, Inc., Nos. 2008-1334

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 15 2010

Even absent its actual use or performance, an apparatus claim directed to a computer that is claimed in functional terms is nonetheless infringed so long as the accused product is designed in such a way as to enable a user of that product to utilize the function without having to modify the product

A broader independent claim cannot be nonobvious where a dependent claim stemming from that independent claim is invalid for obviousness

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • March 9 2010

Following a five-day trial, the jury returned a special verdict that defendant willfully infringed claims of a patent relating to a cooling device designed to mount within the drive bay of a computer, that certain independent claims were not invalid as obvious, but that certain dependent claims were obvious

Lincoln National Life Insurance Company v. Transamerica Life Insurance Company, No. 2009-1403, -1491 (Fed. Cir. June 23, 2010)

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 30 2010

A method claim is directly infringed only if each step of the claimed method is performed

Postage stamp of photo depicting Korean War Memorial is not a fair use

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • March 10 2010

Frank Gaylord sued the US government as the result of the Postal Service's decision to issue a 37-cent stamp depicting a portion of the Korean War Memorial ("Memorial"

Whirlpool sued by artist over designs for kitchenaid mixers

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • May 10 2013

Plaintiff Nicole Dinardo designs and sells hand painted KitchenAid Mixers. Whirlpool, which owns KitchenAid, allegedly approached Dinardo regarding

In determining patent term extensions under 35 U.S.C. 156, the statutory term “active ingredient” means the product, not the active moiety of the product, that is present in the approved drug

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • May 18 2010

The patentee owned a patent to a chemical compound MAL hydrochloride (“MAL”), which was patented and received FDA approval to treat precancerous cell growths on the skin

A determination of obviousness can be based on common sense available to the person of ordinary skill, and does not necessarily require expert opinion

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 16 2009

The asserted patent claimed a method for bulk e-mailing, where the number of successfully delivered e-mail messages was compared against a predetermined desired quantity

I4I Limited Partnership et al v Microsoft Corp

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 29 2009

A party must file a pre-verdict JMOL motion on all theories that it wishes to challenge with a post-verdict JMOL