Tag american intellectual property

Here are some notable American intellectual property (IP) cases and concepts:

Patent Cases:

  1. Diamond v. Chakrabarty (1980): The Supreme Court ruled that a living organism, such as a genetically engineered bacterium, can be patented.
  2. State Street Bank & Trust Co. v. Signature Financial Group, Inc. (1998): The Federal Circuit established the "machine or transformation" test for determining whether a process is patentable.
  3. Alice Corp. v. CLS Bank International (2014): The Supreme Court ruled that abstract ideas, such as a method for mitigating settlement risk, are not patentable unless they involve a specific, practical application.

Trademark Cases:

  1. Two Pesos, Inc. v. Taco Cabana, Inc. (1992): The Supreme Court ruled that a trademark can be genericized if it becomes the common name for a product or service.
  2. Mattel, Inc. v. MCA Records, Inc. (2003): The Ninth Circuit Court of Appeals ruled that a trademark can be diluted by the use of a similar mark in a different industry.

Copyright Cases:

  1. Sony Corp. of America v. Universal City Studios, Inc. (1984): The Supreme Court ruled that the Betamax home video recording technology did not infringe on copyright holders' rights.
  2. Campbell v. Acuff-Rose Music, Inc. (1994): The Supreme Court ruled that a parody of a copyrighted work can be considered fair use.

Trade Secret Cases:

  1. Kewanee Oil Co. v. Bicron Corp. (1974): The Supreme Court ruled that a trade secret can be protected by a court injunction.
  2. Morrison v. National Bank of Commerce (2007): The Eleventh Circuit Court of Appeals ruled that a trade secret can be misappropriated through unauthorized disclosure or use.

Notable American Intellectual Property Concepts:

  1. First-to-Invent: The concept of first-to-invent, which was used in the United States until 2013, held that the first person to invent a patentable invention was entitled to a patent, regardless of who filed the patent application first.
  2. Non-Obviousness: The concept of non-obviousness, which is used in patent law, requires that a patentable invention be significantly different from what has come before.
  3. Fair Use: The concept of fair use, which is used in copyright law, allows for the limited use of copyrighted material without permission, such as for criticism, commentary, news reporting, teaching, scholarship, or research.

These are just a few examples of notable American intellectual property cases and concepts. There are many more, and the landscape is constantly evolving as new cases are decided and new laws are enacted.