July 9, 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: Cancellation of claims by PTO was binding in pending district court infringement litigation. Fresenius USA, Inc. v. Baxter Intern., Inc. 2013 WL 3305736 (C.A.Fed. (Cal.)) Under the reexamination statute, cancellation of claims by the Patent and Trademark Office (PTO) was binding in a pending district court infringement litigation. Although the district court previously had entered a judgment final for purposes of appeal, and that judgment might have been given preclusive effect in another infringement case between those parties, it was not sufficiently final to preclude application of an intervening final judgment in an reexamination proceeding due to unresolved royalty issues at the trial level and the competitor had not exhausted its appellate remedies. Fresenius USA, Inc. v. Baxter Intern., Inc. 2013 WL 3305736 (The full-texts of the rest of the Topical Highlights are available within Westlaw Next, subscription required)
Jurisdiction: District court’s jurisdiction was not based on statute about federal patent law cases in breach of licensing agreement suit. MDS (Canada) Inc. v. Rad Source Technologies, Inc. 2013 WL 3285447 (C.A.11 (Fla.))
Art and Architecture: Educational materials publisher did not have an implied license to use photographers’ work beyond scope of license. Bean v. Pearson Educ., Inc. 2013 WL 2564106 (D.Ariz.)
Internet: Class certification was premature in copyright infringement case targeting Internet search engine operator’s library project. Authors Guild, Inc. v. Google Inc. 2013 WL 3286232 (C.A.2 (N.Y.))