October 18, 2017
Intellectual Property Law
1. What was the underlying unprotectable fact in Morrissey?
2. What did the Second Circuit say could be inferred at trial
from the substantial similarity between Arnstein's and Porter's
3. In Nichols, how did the Second Circuit characterize the
similarities between "Abie's Irish Rose" and the "Cohens
and the Kellys"? What test for infringement emerges from this
How did the district court and the Federal Circuit differ with
respect to the purpose of Innovention's invention? Is there a valid
argument for each of the competing characterizations?