January 9, 2014
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.
Drugs: Patents for topical acne medication were invalid as obvious. Galderma Laboratories, L.P. v. Tolmar, Inc. 2013 WL 6483704 (C.A.Fed. (Del.)) A patent which claimed a mammalian chromosome that contained a group I intron-encoded (GIIE) endonuclease recognition site was not so likely to succeed as to render the claims invalid due to obviousness. As a result, remand was required to the Board of Patent Appeals and Interferences for consideration of whether one of ordinary skill would have been motivated simply to create a recombinant chromosome with a GIIE endonuclease recognition site, without having a reasonable expectation that the GIIE endonuclease could successfully cleave the recognition site and that a homologous recombination could successfully repair the break. 2013 WL 6483704. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).
Books and Publishing: Story elements from Sherlock Holmes stories and novels in the public domain were free for public use under the Copyright Act. Klinger v. Conan Doyle Estate, Ltd. 2013 WL 6824923 (N.D.Ill.)
Injunction: Amendment of modified preliminary injunction was warranted Regional Multiple Listing Service of Minnesota, Inc. v. American Home Realty Network, Inc. 2013 WL 6481201 (D.Minn.)