Supreme Court Justice Antonin Scalia passed away Saturday, February 13, 2016. Justice Scalia was nominated to the Supreme Court of the United States by President Ronald Regan in 1982. Justice Scalia was known for his frank and direct dissents and for interpreting the Constitution the way our forefathers did.
In remembrance of Justice Scalia below is a look at some Intellectual Property cases with his opinion.
Lexmark Int’l, Inc. v. Static Control Components, Inc., 134 S.Ct. 1377 (2014)
Standing to assert a false advertising claim under Section 43(a) of the Lanham Act, 15 U.S.C. §1125(a), requires an allegation of an injury to a commercial interest or business reputation that is proximately caused by the defendant’s misrepresentations.
American Broadcasting Companies, Inc. v. Aereo, Inc., 134 S.Ct. 2498 (2014)(dissenting opinion)
Majority: A system that provides Internet subscribers with retransmissions of broadcast television programming directly infringes the programs’ copyrights by producing infringing public performances.
Scalia’s dissent: Public performance infringement was not proved because a “volitional act” by Aereo was not proved since the allegedly infringing “performance” is caused by the subscriber’s selection of the program.
Mediummune Inc. v. Genentech, Inc., 549 U.S. 118 (2007)
The Constitution’s case or controversy requirement does not require the licensee to breach its agreement in order for there to be jurisdiction over a licensee’s declaratory judgment challenge to patent validity
Merck KGAA v. Integra Lifesciences I, Ltd., 545 U.S. 193 (2005)
Uses of patented inventions in preclinical research, the results of which are not ultimately included in a submission to the Food and Drug Administration (FDA), are exempted from infringement by 35 U. S. C. § 271(e)(1).
Dastar Corp. v. 20th Century Fox, 539 U.S. 23 (2003)
Section 43(a) of the Lanham Act does not prevent the unaccredited copying of a work.
Holmes, Group, Inc. v. Vornado Air Circulation System, Inc., 535 U.S. 826 (2002)
The Federal Circuit lacks appellate jurisdiction over a case in which the complaint does not allege a claim arising under federal patent law, but the answer contains a patent-law counterclaim.
Wal-mart Stores, Inc. v Samara Brothers, Inc., 529 U.S. 205 (2000)
An action for trade dress infringement over an unregistered product design must prove that the design has secondary meaning.
College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, 527 U.S. 666 (1999)
Congressional attempt to impose liability on states for patent infringement violated the States’ immunity under the 11th Amendment.
Eli Lilly, Inc. v Medtronic, Inc., 496 U.S. 661 (1990)
Section 271(e)(1), creating a safe harbor for uses of a patented invention reasonably related to the submission of information “under a Federal law which regulates the manufacture, use, or sale of drugs,” also applies to medical devices.