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Intellectual Property

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After negotiating unsuccessfully to buy plaintiff or "acqui-hire" its key employees, Apple enticed those key employees to quit plaintiff and go to work for Apple.  Held, summary judgment for Apple affirmed.  Plaintiff's fraud claim was based on three promises Apple made during negotiations.  Promises are actionable as fraud only when, at the time the promise is made, the promisor does… Read More

The district court correctly dismissed this copyright infringement suit against the Polish owner of a Polish porn website for lack of personal jurisdiction.  To establish specific personal jurisdiction under the Calder "effects" test, the plaintiff must show (1) the defendant purposefully availed himself of the privileges of conducting activities in the forum or purposefully directed his activities to the forum,… Read More

Reversing the district court's judgment and permanent injunction, this decision finds that Qualcomm's patent licensing practices do not violate the Sherman Act.  The district court erred in finding anticompetitive harm from the effect Qualcomm's licensing practices had on cell phone manufacturersp--a market in which Qualcomm did not compete--rather than on rival chip manufacturers with which Qualcomm did compete.  Qualcomm's practice… Read More

A generic name—the name of a class of products or services—is ineligible for federal trademark registration. However, when the generic name is combined with a generic a generic Internet-domain name suffix like “.com,” the combined "generic.com" name is generic and ineligible for trademark protection only if the combined term, taken as a whole signifies a class of goods or services… Read More

Though the federal Copyright Act preempted the California Resale Royalty Act insofar as it granted artists a right to royalties on the resale of their work, it did not preempt the CRRA's attorney fee provision, which was not inconsistent with the Copyright Act.  Read More

A patentee may recover lost profits suffered in foreign countries as damages in a patent infringement action brought against a defendant that shipped parts from the United States for assembly into an infringing product in a foreign country. Read More

District court did not abuse its discretion in issuing injunction barring defendant from altering copyrighted movies by stripping their content access protections and removing “objectionable” content, and then making the unauthorized, edited version available to its customers online.   Read More

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