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Results: 1-10 of 113

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

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"

Hearing Components, Inc. v. Shure, Inc

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • April 6 2010

Not all terms of degree are indefinite; a means-plus-function claim is infringed when the accused device includes a relevant structure that performs the same function in a substantially similar way, resulting in structural equivalency

Court finds no copyright infringement where works lack similarity in total concept and feel

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • November 27 2009

A children's book was found not to infringe on another work for children

Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 15 2009

Plaintiff bore the burden of proving ownership of the patents pursuant to a contractual agreement and failed to do so; the district court correctly dismissed the suit without prejudice

The doctrine of res judicata does not punish a plaintiff for exercising the option not to supplement its pleadings with an after-acquired claim, including those relating to inventorship

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • April 27 2010

In 2004, Triple Tee initiated its first lawsuit against Nike claiming that Nike had misappropriated Triple Tee’s trade secrets involving golf club technology

The appearance in the complaint of an alternative, non-patent theory with respect to each claim compels the conclusion that the claims do not "arise under" patent law

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • April 27 2010

The parties had settled a previous patent infringement dispute by entering into a license agreement

Power-One, Inc., v. Artesyn Technologies, Inc.,

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • April 6 2010

The fact that a claim is defined using a relative term (eg "near") instead of a precise numerical measurement does not render the claim incapable of providing meaningful guidance if the claim language, taken in context of the entire patent, provides a sufficiently reasonable meaning to one skilled in the art

In re Andrew Chapman and David J. King, No. 2009-1270 (Fed. Cir. Feb. 24, 2010)

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • March 2 2010

An obviousness determination may be called into question if the Board of Patent Appeals and Interferences did not appreciate the full scope of a cited prior art reference

Richardson v. Stanley Works, Inc

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • March 16 2010

The scope of a design patent claim must be construed to identify the ornamental and functional aspects of the design, and applying the ordinary observer test, the trier of fact must determine whether the deception that arises is a result of the similarities in the overall design, not of similarities in ornamental features in isolation