Laser Diode Array, Inc. v. Paradigm Lasers, Inc.’s Empirical Analysis

Citation profile

2 federal appellate · 1 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I find that as amended, the second counterclaim adequately alleges the elements of a claim for unfair competition under both the Lanham Act and the common law. There is case authority that allegations that a party falsely represented to a business’s customers that the business was infringing on the party’s patent rights will support such claims. See, e.g., Laitram Machinery, Inc. v. Camitech A/S, 901 F.Supp. 1155, 1162 (E.D.La.1995) (issues of fact concerning plaintiffs allegation that defendant made false representations to plaintiffs customers that plaintiff had infringed defendant’s patent rights precluded summary judgment for defendant on plaintiffs Lanham Act claim); Larami Corp. v. Amron, 36 U.S.P.Q.2d 1073 , 1084 (E.D.Pa.1995) (evidence at trial showing that defendant sent letters to plaintiffs customers threatening legal action for patent and trademark infringement against anyone buying or selling plaintiffs products, and that defendant’s claims of patent and trademark rights were false, supported jury’s verdict for plaintiff on Lanham Act claim); Accent Designs, Inc. v. Jan Jewelry Designs, Inc., 827 F.Supp. 957, 964-65 (S.D.N.Y.1993) (granting summary judgment for defendant on plaintiffs unfair-competition claim based on allegation that defendant made false representations to plaintiffs customers that plaintiff was infringing defendant’s patent, but recognizing that claim would be viable if plaintiff adduced facts to support it); Repap Enterprises Inc. v. Kamyr Inc.”

   1 later decision quote this exact passage
   e.g. 177 F. Supp. 2d 897 - Iowa Health System v. Trinity Health Corp.

2. “[a]ny person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— (1) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (2) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities ....”

   1 later decision quote this exact passage
   e.g. 141 F. Supp. 2d 334 - Gleason Works v. Oerlikon Geartec, AG