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The Federal Reporter is the means by which federal court cases are reported, printed and bound for lawyers, law firms, libraries, and the courts. You often see them on TV shows and movies in law offices. They are the rows of intimidating looking books lining the shelves. There is an excellent source on the internet for these volumes. We gleened these from http://bulk.resource.org/courts.gov/c/F3/. This information is public domain. This list is complete through Volume 491. There's more for the year once they get converted. The cases listed are not to be considered a complete list of all courts of appeals cases for 2006 pertaining to intellectual property. these are all we found. Included are cases on defamation that cover the internet. Under Issues, we have listed the original legal issues that landed the case in court. These issues are not always the reason the case went to appeal. Under Discussed, we have listed the main points the court of appeals addressed. Patent cases are included but they are hard to figure out. REMEMBER, a decision from the court of appeals is ONLY binding on courts in that district. Many districts interpret cases in a similar manner so often these decisions are an indicator of legal position. However, beware the Ninth Circuit because is has been overturned by the Supreme Court twice as often as any other district (about 18% of the time). This is why it is sometimes called the "Ninth Circus".

Federal Reporter - 2007 Courts Of Appeal Decisions

These cases were taken from the cases published for 2007. We selected those cases that involve intellectual property cases and/or the internet, or other relevant reasons. These cases are presented as "transformed" by the PublicResources.Org web site located at http://www.publicresources.org/.

481 F.3d 751, PERFECT 10, INC., vs CCBill LLC, Filed March 29, 2007, Ninth Circuit. Issues: copyright infringement, trademark infringement, state unfair competition, false advertising, right of publicity, DMCA. Discussed: DMCA safe harbors, Notice of Claimed Infringement ("NOCI"), direct infringement, Communications Decency Act. 482 F.3d 910, JCW INVESTMENTS, INC., d/b/a Tekky toys vs NOVELTY, INC, Decided March 20, 2007, Seventh Circuit. Issues: copyright infringement, trademark infringement, unfair competition. Discussed: copyright infringement, substantial similarity. 483 F.3d 150, TROLL COMPANY vs UNEEDA DOLL COMPANY, Decided: April 13, 2007, Second Circuit. Issues: "restored" copyrights, "reliance party". Discussed: Restored Copyright, Reliance Party. 484 F.3d 1359, PODS, INC., vs PORTA STOR, INC, April 27, 2007, Federal Circuit. Issues: patent infringement, copyright infringement, doctrine of equivalents, prosecution history estoppel. Discussed: infringement analysis, copyright infringement. 485 F.3d 253, TRIPLE TEE GOLF, INC vs NIKE, INC., et al, April 17, 2007, Fifth Circuit. Issues: misappropriation of trade secrets, negligent misrepresentation, breach of confidentiality, breach of implied contract, deceptive trade practices. Discussed: Trade Secrets Claims, Adjustability. 485 F.3d 1153, FOREMOST IN PACKAGING SYSTEMS, INC. vs COLD CHAIN TECHNOLOGIES, INC., May 2, 2007, Federal Circuit. Issues: patent infringement. Discussed: patent infringement. 485 F.3d 1157, LEAPFROG ENTERPRISES, INC vs FISHER-PRICE, INC. and Mattel, Inc., May 9, 2007, Federal Circuit. Issues: noninfringement, invalidity of patent claim. Discussed: Noninfringement, Obviousness. 485 F.3d 1370, HENKEL CORPORATION vs PROCTER & GAMBLE COMPANY, May 11, 2007, Federal Circuit. Issues: patent. Discussed: Priority, Corroboration. 486 F.3d 526, Chase JARVIS vs K2 INC., Filed April 30, 2007, Ninth Circuit. Issues: copyright infringement, derivatives, collective works privilege. Discussed: Derivative Versus Collective Works. 486 F.3d 541, James ODOM vs MICROSOFT CORPORATION, Filed May 4, 2007, Ninth Circuit. Issues: failure to plead with particularity, RICO violations. Discussed: Racketeer Influenced and Corrupt Organizations ("RICO") Act, Associated-in-Fact Enterprise. 486 F.3d 629, ABERCROMBIE & FITCH CO vs MOOSE CREEK, INC, Filed May 22, 2007, Ninth Circuit. Issues: trademark infringement, Judicial Estoppel. Discussed: Judicial Estoppel. 486 F.3d 701, COLT DEFENSE LLC vs BUSHMASTER FIREARMS, INC, Decided May 18, 2007, First Circuit. Issues: trademark infringement, generic trademark. Discussed: Generic terms, significance of a registered mark. 486 F.3d 1376, MOTIONLESS KEYBOARD COMPANY vs MICROSOFT CORPORATION et al, May 29, 2007, Federal Circuit. Issues: patent infringement, doctrine of equivalents. Discussed: doctrine of equivalents. 487 F.3d 465, FORD MOTOR COMPANY vs MUSTANGS UNLIMITED, INC., Filed: May 24, 2007, Sixth Circuit. Issues: FED.R.CIV.P. 60(b). Discussed: FED.R.CIV.P. 60(b), prior order of dismissal. 487 F.3d 701, PERFECT 10, INC., vs AMAZON.COM, INC et al, Filed May 16, 2007, Ninth Circuit. Issues: copyright infringement. Discussed: Direct Infringement, Display Right, Distribution Right, Fair Use Defense, right of first publication, Secondary Liability, Contributory Infringement, Vicarious Infringement. 488 F.3d 922, SLOSS INDUSTRIES CORPORATION vs EURISOL, June 8, 2007, Eleventh Circuit. Issues: default judgment, motion to set aside, personal jurisdiction. Discussed: personal jurisdiction. 488 F.3d 982, HONEYWELL INTERNATIONAL INC vs UNIVERSAL AVIONICS SYSTEMS CORP, May 25, 2007, Federal Circuit. Issues: patent infringement. Discussed: Public Use, patent infringement, inequitable conduct. 488 F.3d 1102, PERFECT 10, INC. vs CCBILL LLC, Filed March 29, 2007, Amended May 31, 2007, Ninth Circuit. Issues: copyright infringement, DMCA. Discussed: DMCA safe harbor, Notice of Claimed Infringement, Communications Decency Act, direct copyright infringement. 488 F.3d 1178, Beatrice WELLES vs TURNER ENTERTAINMENT COMPANY, Filed May 30, 2007, Ninth Circuit. Issues: copyright infringement, royalties, declaratory judgment. Discussed: claim for copyright ownership. 489 F.3d 1129, BUC INTERNATIONAL CORP vs INTERNATIONAL YACHT COUNCIL LIMITED, June 21, 2007, Eleventh Circuit. Issues: copyright infringement, substantial similarities. Discussed: compilation copyright, valid copyright, merger doctrine, substantial similarities. 489 F.3d 1156, PHOENIX OF BROWARD, INC vs McDONALD'S CORPORATION, June 22, 2007, Eleventh Circuit. Issues: false advertising, prudential standing. Discussed: prudential standing. 490 F.3d 239, BEST VAN LINES, INC. vs Tim WALKER, Decided: June 26, 2007. Second Circuit. Issues: internet defamation, "long-arm" statute, jurisdiction. Discussed: Personal Jurisdiction, Long-Arm Statutes, Defamation, Defamatory Websites, Internet Defamation. 490 F.3d 946, BIOMEDINO, LLC vs WATERS TECHNOLOGIES CORPORATION, June 18, 2007, Federal Circuit. Issues: invaid patent provisions. Discussed: inalid patents. 491 F.3d 574, ZOMBA ENTERPRISES, INC vs PANORAMA RECORDS, INC, Filed June 26, 2007, Sixth Circuit. Issues: willfull copyright infringement. Discussed: Copyright Infringement, willfull copyright infringement. 491 F.3d 1337, CHINA HEALTHWAYS INSTITUTE, INC vs Xiaoming WANG, June 22, 2007, Federal Circuit. Issues: trademark registration. Discussed: Likelihood of confusion. 491 F.3d 1342, PHARMASTEM THERAPEUTICS, INC vs VIACELL, INC, July 9, 2007, Federal Circuit. Issues: patent infringement. Discussed: consideration of evidence.

2007

2006