United States District Court, E.D. Pennsylvania. LARAMI CORPORATION, Plaintiff, v. Alan AMRON and Talk to Me Products, Inc., Defendants. 27 U.S.P.Q.2d 1280, 1993 WL 69581 No. CIV. A. 91-6145, March 11, 1993 MEMORANDUM REED. [1] This is a patent case concerning toy water guns manufactured by plaintiff Larami Corporation (“Larami”). Currently before me is Larami’s motion […]
Read: You were previously assigned 35 U.S.C. 100 and 101. Read them again. Also read 35 U.S.C. 112. Read David V. Radack, Reading and Understanding Patent Claims. Carefully read U.S. Patent No. 6,263,732 for the OXO measuring cup. We’ll use that to discuss a number of patent-related issues. Take a look at the actual product and watch the video about […]
In honor of Monday’s assignment, I’ve posted a new handout on the types of summary judgment, the “put up or shut up” rule. Varying somewhat from Glannon’s approach, I define four (4) types of summary judgment: Proof of all of my own (the movant’s) elements Disproof of one or more of my opponent’s (non-movant’s) elements Absence […]
Summary judgment (“SJ”) is the “PUT UP OR SHUT UP” rule. (See here for other mnemonics, such as “SO WHAT?” for Rule 12(b)(6)). With summary judgment, the parties have had an opportunity to get affidavits or to take discovery. Now the question becomes whether there is a need for trial. If the material facts are […]
