Westlaw Topical Highlights: Intellectual Property, August 6, 2013

August 6, 2013

 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.

Name or Likeness: test governed former football player’s false endorsement claim under Lanham Act.  Brown v. Electronic Arts, Inc., 2013 WL 3927736 (C.A.9 (Cal.))  A manufacturer’s football video games, which featured characters, dialogue, plot, and music, as well as prevalent interaction between the games’ virtual worlds and the individuals playing the games, were expressive works entitled to First Amendment protection. Therefore, the Rogers test governed a former football player’s false endorsement claim against the games’ manufacturer under the provision of the Lanham Act addressing false designations of origin. 2013 WL 3927736  (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required)

Industrial Equipment: Fact issue precluded summary judgment as to whether claimed invention was properly rejected as anticipated and obvious.  LLC v. Dudas, 2013 WL 3368873 (D.D.C.)

Limitations: Patent holder, which delayed more than six years in bringing infringement action, did not rebut presumption of laches. St. Clair Intellectual Property Consultants, Inc. v. Acer, Inc., 2013 WL 3367319 (D.Del.)

Chemicals: Accused products did not directly infringe patents relating to plastic materials with applications in food packaging.  INVISTA North America S.a.r.l. v. M & G USA Corp., 2013 WL 3196817 (D.Del.)

Experts: Admitting expert testimony of patentee’s expert would be unduly prejudicial to competitor in infringement action. INVISTA North America S.A.R.L. v. M & G USA Corp. 2013 WL 3196770 (D.Del.)

 Computers and Electronics: Patent owner’s infringement suit against competitor was premature, in absence of adjudication as to whether purported assignee breached agreement.  CopyTele, Inc. v. E Ink Holdings, Inc. 2013 WL 3456737 (N.D.Cal.)

Consumer Goods: Prosecution history disclaimer doctrine could not be applied to limit term “concha stabilizer” to elongated structure.  Plantronics, Inc. v. Aliph, Inc., 2013 WL 3927619 (C.A.Fed. (Cal.))

 Parties: Factors weighed against finding that licensee had sole standing to sue government for infringement of patent related to microwire technology. Demodulation, Inc. v. United States, 2013 WL 3518270 (Fed.Cl.)