November 12, 2013
Westlaw Topical Highlights for Intellectual Property provides summaries of significant federal court decisions and legislative and administrative activities affecting Intellectual Property law. A Westlaw subscription is required to access the documents linked from this page.
Compilations and Lists: Publisher’s tables of weekly averages of interest rates offered by banks were not copyrightable as compilations. Seven Arts Filmed Entertainment Ltd. v. Content Media Corp. PLC, 2013 WL 5928356. (C.A.9 (Cal.)) An untimely ownership claim barred a claim for copyright infringement where the gravamen of the dispute was ownership, at least where the parties were in a close relationship. The court extended the accrual-upon-express-repudiation rule from ownership claims among co-authors to infringement claims where the dispositive issue was ownership. 2013 WL 5928356. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).
Biotechnology: When the subject matter is DNA, conception requires possession and appreciation of the DNA segment claimed. Sanofi-Aventis v. Pfizer Inc. 2013 WL 5911446 (C.A.Fed.)
Computers and Electronics: Accused products did not literally infringe patent for interface device. In re Papst Licensing GmbH & Co. KG Litigation 2013 WL 5496959 (D.D.C.)
Computers and Electronics: Severing infringement claim against camera manufacturer, as related to its sale of another manufacturer’s products, was warranted. In re Papst Licensing GmbH & Co. KG Litigation 2013 WL 5530525 (D.D.C.)
Appeals: Federal Circuit did not have exclusive appellate jurisdiction in action by assignee of patent applicant. USPPS, Ltd. v. Avery Dennison Corp. 2013 WL 5314716 (C.A.5 (Tex.))
Computers and Electronics: Accused toy did not directly infringe patent relating to hide-and-seek game using wireless transmitter-receiver technology. Conte v. Jakks Pacific, Inc. 2013 WL 5934352 (E.D.Cal.)
Sanctions: Photojournalist was precluded from seeking damages for violations not provided in his pretrial disclosures. Agence France Presse v. Morel 2013 WL 5770288 (S.D.N.Y.)