Westlaw Topical Highlights: Intellectual Property, August 2, 2016

August 2, 2016

 REUTERS/Kim Hong-Ji

REUTERS/Kim Hong-Ji

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.

Telecommunications: Claims of patent related to secure data transmissions over wireless networks were not infringed by accused device.  Unwired Planet, LLC v. Apple Inc. 2016 WL 3947839 (C.A.Fed. (Cal.)) A patentee filed suit against Apple Inc. for alleged infringement of patents related to data management and user interface functions of wireless devices. The claims of a patent related to secure data transmissions over wireless networks were not infringed by the accused device, since the accused device did not use a narrowband channel. However, fact disputes precluded summary judgment of noninfringement of a patent relating to extending speech recognition capabilities to wireless devices and a patent related to providing new or updated features and services to a mobile telephone through a process referred to as provisioning, and precluded summary judgment of no indirect infringement of a patent disclosing improved technology for identifying the location of a wireless station. 2016 WL 3947839 (The full-text of the rest of the Topical Highlights is available within Thomson Reuters Westlaw, subscription required).      

Counterfeit Goods: Pub’s playing unauthorized copies of karaoke tracks did not involve passing off tangible good sold in marketplace, precluding trademark infringement and unfair competition claims.  Phoenix Entertainment Partners v. Rumsey 2016 WL 3924347 (C.A.7 (Ill.))

Assignments and Licensing: Assignee obtained valid assignment of enforceable trademark co-existence agreement.  Russell Road Food and Beverage, LLC v. Spencer 2016 WL 3947821 (C.A.9 (Nev.))

Internet: Owner of registered mark sufficiently stated trademark infringement claim, under Lanham Act, against Japanese corporation.  IPOX Schuster, LLC v. Nikko Asset Management Co., Ltd. 2016 WL 3194445 (N.D.Ill.)

On-Sale Bar: Sale of manufacturing services by contract manufacturer to inventor did not constitute commercial sales, and thus did not trigger on-sale bar.  Medicines Company v. Hospira, Inc. 2016 WL 3670000 (C.A.Fed. (Del.))

Consumer Goods: Company that created standards for dual-access luggage lock system did not infringe patents describing method of airline luggage screening.  Travel Sentry, Inc. v. Tropp 2016 WL 3640645 (E.D.N.Y.)