July 16, 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.
Medical Devices and Procedures: Patent that used only conical, partially threaded holes in head portion of bone plating system was obvious. Smith & Nephew, Inc. v. Rea 2013 WL 3388454 (C.A.Fed.) The use of only conical, partially threaded holes in the head portion of a bone plating system so that a surgeon could choose to use locking or non-locking screws to impart compression between the head portion and the bone would have been obvious, and thus a patent directed toward such a system was invalid. The holes in a prior art plate were both partially threaded and fully conical, the prior art disclosed the use of non-locking screws in threaded holes to achieve compression, and having only threaded holes in the head portion of the bone plating system would have been obvious. 2013 WL 3388454 (The full-texts of the rest of the Topical Highlights are available within Westlaw Next, subscription required)
Appeals: Court of Appeals had jurisdiction over appeal by marketer challenging finding that trademark was valid and enforceable. Unique Sports Products, Inc. v. Ferrari Importing Co. 2013 WL 3369153 (C.A.11 (Ga.))
Jurisdiction: New York corporation based in Massachusetts was not subject to specific personal jurisdiction in Iowa. Foreign Candy Co., Inc. v. Tropical Paradise, Inc. 2013 WL 3155960 (N.D.Iowa)