Federal Circuit Jettisons the Presumption of Irreparable Harm in Injunctive Relief By Charlie Stiernberg – Edited by Abby Lauer Robert Bosch LLC v. Pylon Mfg. Corp., No. 2011-1096 (Fed. Cir. Oct. 13, 2011) Slip Opinion The Federal Circuit reversed the United States District Court for the District of Delaware, which had denied plaintiff Bosch’s post-trial motion for a permanent injunction, and remanded the case with instructions to enter appropriate injunctive relief. Judge O’Malley, writing for a divided panel, held that the ... Read More...

District Court Permits Facebook’s Trademark Suit to Proceed Against Teachbook.com By Albert Wang – Edited by Abby Lauer Facebook, Inc. v. Teachbook.com LLC, No. 11-cv-3052 (N.D. Ill. September 26, 2011) Slip Opinion The District Court for the Northern District of Illinois denied defendant Teachbook’s motion to dismiss a trademark infringement suit brought by social networking site Facebook. Judge Aspen, writing for the court, held that Facebook had pled sufficient facts to survive Teachbook’s Rule 12(b)(6) motion. The court declined to ... Read More...

Ninth Circuit Holds that Apple did not Engage in Copyright Misuse By Laura Fishwick – Edited by Michael Hoven Apple Inc. v. Psystar Corp., No. 10-15113 (9th Cir. Sept. 28, 2011) Slip Opinion The Ninth Circuit affirmed the Northern District of California’s holding that Psystar infringed Apple’s federal copyrights, and vacated and remanded the district court’s grant of Apple’s motion to seal summary judgment papers. The district court had rejected Psystar’s defense of copyright misuse, in which Psystar had argued ... Read More...

Federal Circuit Reverses Dismissal of Ultramercial Patent Infringement Claim By Amy Rossignol – Edited by Michael Hoven Ultramercial , LLC v. Hulu, LLC, No. 2010-1544 (Fed. Cir. Sept. 15, 2011) Slip Opinion The United States Court of Appeals for the Federal Circuit reversed and remanded the U.S. District Court for the Central District of California’s dismissal of Ultramercial’s patent infringement claim against Hulu, LLC and Wildtangent, Inc.. The District Court had found that U.S. Patent No. 7,346,545 did not claim ... Read More...

Second Circuit Rules First Sale Doctrine Only Applies to Goods Manufactured Domestically By Heather Whitney – Edited by Chinh Vo John Wiley & Sons v. Kirtsaeng, No. 09-4896-cv (2d Cir. Aug. 15, 2011) Slip Opinion After the Supreme Court’s non-precedential decision in Costco v. Omega, 131 S.Ct. 565 (2010), it is no surprise that the nexus of the first sale doctrine and works manufactured outside of the United States remains in flux.  In Wiley, the Second Circuit affirmed the judgment ... Read More...