Case Summaries
[11/13]
In Re Basell Poliolefine Italia S.P.A.
In an inventor's appeal of a reexamination, rejection of all claims of a process patent for the polymerization of certain unsaturated hydrocarbons is affirmed where substantial evidence supported the rejection of the claims based on obviousness-type double patenting.
[11/12]
Halicki Films, LLC v. Sanderson Sales & Mktg.
In an action alleging, inter alia, copyright and trademark infringement involving the original and remade motion pictures "Gone in 60 Seconds", as well as products relating to the film, summary judgment for defendants is vacated where the district court erred in: 1) refusing to use extrinsic evidence submitted by plaintiffs to aid in its interpretation of an agreement between the parties, finding that such evidence did not show that the agreement was reasonably susceptible to plaintiffs' interpretation; 2) interpreting disputed language in an agreement between plaintiff and a non-party corporation; 3) applying the wrong legal standard in finding that plaintiffs did not have statutory standing to assert trademark infringement and unfair competition claims; and 4) concluding that plaintiffs did not have statutory or Article III standing to assert claims for declaratory relief.
[11/07]
Teva Pharms., USA, Inc. v. Leavitt
In an action to force the Food and Drug Administration to grant a period of market exclusivity for plaintiff's generic version of the drug Risperdal, judgment for plaintiff is reversed and injunction vacated where the patent cited by plaintiff in its application had been delisted, and even though it was still listed in the FDA's reference guide, plaintiff was not entitled to cite it as the basis for its application.
[11/05]
E.S.S. Entm't 2000, Inc. v. Rock Star Videos, Inc.
In an action brought by the operator of a strip club in Los Angeles against the producer of a video game in the "Grand Theft Auto" series claiming, inter alia, that the game's depiction of a strip club called the "Pig Pen" infringed its trademark and trade dress associated with the "Play Pen", summary judgment for defendant-game producer is affirmed where: 1) modification of plaintiff's trademark was not explicitly misleading and was thus protected by the First Amendment; and 2) the First Amendment defense applies equally to plaintiff's state law claims as to its Lanham Act claim.
[11/03]
In Re DBC
In an appeal from the reexamination of a patent describing a "nutraceutical" composition prepared from the mangosteen fruit, rejection of all pending claims for obviousness is affirmed where: 1) the board established a prima facie case of obviousness based on the prior art; 2) appellant presented insufficient evidence to rebut the prima facie case; and 3) appellant waived its argument regarding the constitutionality of the appointment of administrative patent judges by not raising it before the board.
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[11/19]
Bregin v. Liquidebt Sys., Inc
In a suit alleging retaliatory discharge and tortious interference with employment, summary judgment for defendants is affirmed where: 1) plaintiff did not identify any illegal acts which he was asked to commit, for which a retaliation claim could be brought; 2) state law did not provide a whistleblower exception to the employment-at-will doctrine; and 3) plaintiff did not make out a claim for tortious interference.
[11/19]
Frank v. Dana Corp.
In a class-action securities claim alleging that corporate officers from defendant-company were responsible for intentional or reckless misstatements and material omissions which were calculated to artificially boost defendant's stock price, dismissal of complaint is vacated and remanded where the district court's application of the "most plausible" pleading standard derived from Helwig v. Vencor, Inc. was at odds with the Supreme Court's holding in Tellabs v. Makor Issues & Rights, Ltd. that inferences of scienter that are "at least as compelling" as competing nonculpable inferences are sufficient for the complaint to survive a motion to dismiss.
[11/17]
Staeher v. The Hartford Fin. Svcs. Group, Inc.
In an action brought by investors against defendant-financial group alleging that plaintiff-investors acquired defendant's stock at prices that were artificially inflated due to defendants' omissions, misrepresentations, and fraudulent concealment, dismissal of the complaint as time-barred is vacated and case is remanded where the district court erred in ruling that an investor of ordinary intelligence was on inquiry notice of defendant's allegedly fraudulent conduct by July 2001.
[11/14]
In Re NEXT Fin. Group, Inc.
In a suit claiming that plaintiff was wrongfully discharged for refusing to conceal allegedly fraudulent securities transactions, petition for mandamus relief is granted where plaintiff was required to arbitrate a claim that his employer wrongfully discharged him for refusing to commit an illegal act.
[11/13]
OCM Principal Opportunities Fund v. CIBC World Markets Corp.
In action alleging that defendant engaged in fraud, misrepresentation, and violations of federal and state securities law, denial of motion by defendant to vacate renewed judgment award in favor of plaintiffs is affirmed over claim that the trial court erred in denying defendant's motion to vacate the renewed judgment, which argued that the renewal improperly accorded plaintiffs compound postjudgment interest on a 2003 judgment.
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