July 23, 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.
Parties: Purported sublicensees of MRI-related patent lacked standing to bring infringement action in Court of Federal Claims. NeuroGrafix v. United States 2013 WL 2469079 (Fed.Cl.) Under the agreement between a sublicensee and the licensee, which was the purported holder of all substantial rights to a patent related to the field of magnetic resonance imaging, a provision that granted the sublicensee a right to bring infringement actions against third parties, defined to include “any individual, corporation, partnership, or other business entity” other than the licensee, affiliates, and sublicensees, the sublicensee was not granted the right to sue the United States for infringement. Therefore, the sublicensee and its sub-sublicensees lacked standing to bring an infringement action in the Court of Federal Claims, in which the United States was a necessary party. 2013 WL 2469079 (The full-texts of the rest of the Topical Highlights are available within Westlaw Next, subscription required)
Science and Technology: As used in “green bullet” technology, “interface” meant projectile’s outer portion holding nose and tail portions together. Liberty Ammunition, LLC v. United States 2013 WL 2468269 (Fed.Cl.)
Art and Architecture: Collective work registration permitted infringement action for component works if registrant owned rights to component works. Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc. 2013 WL 3722365 (C.A.4 (Md.))
Vicarious Liability: Publisher’s employees were not personally liable for copyright infringement. Warren v. John Wiley & Sons, Inc. 2013 WL 3328224 (S.D.N.Y.)