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U.S. 1st Circuit Court of Appeals

Borinquen Biscuit Corp. v. M.V. Trading Corp (04/04/06 - No. 05-2591)

Preliminary injunction preventing the sale or advertising of cookies that potentially violated plaintiff's trademark is affirmed where plaintiff did not have to produce evidence of secondary meaning, and the district court did not err in determining that plaintiff would probably succeed in establishing a likelihood of consumer confusion.

http://laws.lp.findlaw.com/1st/052591.html

Teragram Corp. v. Marketwatch.com, Inc. (04/05/06 - No. 05-1635, 05-1636)

Partial grant of summary judgment for both plaintiff and defendant in a software licensing dispute is affirmed where: 1) the defendant's failure to deliver any payment was a material breach as to a single product; 2) plaintiff had timely notice of a material defect that triggered an obligation to cure; and 3) plaintiff was entitled to only one year's licensing fees.

http://laws.lp.findlaw.com/1st/051635.html

U.S. Court of Appeals for the Federal Circuit

Semitool, Inc. v. Dynamic Micro Sys. Semiconduct Equip. GMBH (04/06/06 - No. 05-1299)

Grant of defendant's motion for summary judgment of non-infringement and denial of plaintiff's motion to enforce an earlier permanent injunction and settlement agreement is affirmed in a dispute between manufacturers and sellers of competing semiconductor wafer carrier cleaning systems.

http://caselaw.lp.findlaw.com/data2/circs/fed/051299p.pdf

Breckenridge Pharm., Inc. v. Metabolite Labs., Inc. (04/07/06 - No. 05-1221, 05-1428)

Dismissal of claims of tortious interference, unfair competition, and declaratory judgment of non-infringement against defendant-patent holder, and grant of summary judgment in favor of defendant-exclusive licensee for a vitamin product are reversed where the district court erroneously concluded that it lacked personal jurisdiction over the patent holder, and there were genuine disputes of material fact with respect to the state law claims.

http://caselaw.lp.findlaw.com/data2/circs/fed/051221p.pdf

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