July 2, 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.
Advertising: Study published in a peer reviewed scientific journal was not false advertising within the meaning of the Lanham Act. Ony, Inc. v. Cornerstone Therapeutics, Inc. 2013 WL 3198153 (C.A.2 (N.Y.)) A study published in a peer reviewed scientific journal concluding that a manufacturer’s surfactant, used to increase the functionality of the lungs of premature infants, performed better than competing surfactants was not false advertising within the meaning of the Lanham act or under New York law. The study was not false advertising even though the manufacturer requested the study, paid doctors to present the findings of the study, and allegedly did not include critical variables such as length of infant hospital stay that might make its conclusions misleading. The conclusions of the study were protected scientific opinion, and the doctors who authored the study disclosed their potential conflicts of interest as well as the alleged potential shortcomings of the study. Ony, Inc. v. Cornerstone Therapeutics, Inc. 2013 WL 3198153 (The full-texts of the rest of the Topical Highlights are available within Westlaw Next, subscription required)
Immunity: University of Massachusetts was entitled to Eleventh Amendment immunity in patent dispute. Ali v. Carnegie Inst. of Washington 2013 WL 2318849 (D.Or.)
Medical Devices and Procedures: Claims in patents for method of treating or preventing restenosis using were invalid for nonenablement. Wyeth and Cordis Corp. v. Abbott Laboratories 2013 WL 3198008 (C.A.Fed. (N.J.))
Reexamination: Seventeen-month delay between issuance of reissue patent and patentee’s motion to reopen was not unreasonable. Artemi Ltd. v. Safe-Strap Co., Inc. 2013 WL 2367874 (D.N.J.)
Music: Operator of a video-sharing website was entitled to safe harbor protection under the Digital Millennium Copyright Act. UMG Recordings, Inc. v. Shelter Capital Partners LLC 2013 WL 1092793 (C.A.9 (Cal.))
Damages: Statutory damages award of $675,000 against music downloader under Copyright Act did not violate due process. Sony BMG Music Entertainment v. Tenenbaum 2013 WL 3185436 (C.A.1 (Mass.))