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Results: 1-10 of 136

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


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



Hewlett-Packard Co v. Acceleron LLC
  • Winston & Strawn LLP
  • USA
  • December 15 2009

The court will weigh its declaratory judgment jurisdiction under a "totality of the circumstances" test, while weighing the objective words and actions of a patentee


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


Anascape, Ltd. v. Nintendo of America, Inc
  • Winston & Strawn LLP
  • USA
  • April 23 2010

Entitlement to the benefit of an earlier-filed application date requires that the missing descriptive matter must be present in the original application’s specification such that one skilled in the art would recognize such a disclosure


Federal Circuit patent decision summaries
  • Winston & Strawn LLP
  • USA
  • November 24 2009

To be anticipatory, a prior art reference must describe, either expressly or inherently, each and every claim limitation and enable one of skill in the art to practice an embodiment of the claimed invention without undue experimentation


George Clinton’s use of “dog” and panting in song is copyrightable subject matter
  • Winston & Strawn LLP
  • USA
  • November 20 2009

Bridgeport Music, Inc. (“Bridgeport”), owner of the publishing rights to George Clinton’s best-known work, “Atomic Dog,” sued UMG Recordings Inc. (“UMG”) for copyright infringement


No injunction right of publicityLanham Act claim re use of Fred Astaire's name in tribute
  • Winston & Strawn LLP
  • USA
  • June 16 2010

Robyn Astaire, the widow Fred Astaire, sued her stepdaughter, Phyllis Astaire McKenzie, to enjoin her from presenting the "Fred and Adele Astaire Awards."