November 5, 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.
Compilations and Lists: Publisher’s tables of weekly averages of interest rates offered by banks were not copyrightable as compilations. Banxcorp v. Costco Wholesale Corp., 2013 WL 5677225 (S.D.N.Y.) A publisher’s tables of weekly averages of interest rates offered by banks were not copyrightable as compilations under the Copyright Act. Each average value was not itself a collection and assembly of preexisting data, but rather each was a single number that was the result of performing a mathematical operation on a collection of preexisting data. 2013 WL 5677225. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).
Parties: Question of state online education agency’s authority to bring trademark infringement suit was certified to state court. Florida VirtualSchool v. K12, Inc. 2013 WL 5825430 (C.A.11 (Fla.))
Damages: Recovery of lost profits for trademark infringement was not foreclosed by lack of direct competition. Romag Fasteners, Inc. v. Fossil, Inc. 2013 WL 5782522 (D.Conn.)
Damages: Evidence supported award of $1.169 billion for infringing patents directed to method of sequence detection for high density magnetic recording sequence detectors. Carnegie Mellon University v. Marvell Technology Group, Ltd. 2013 WL 5332108 (W.D.Pa.)
Medical Devices and Procedures: Competitor met its burden of proving that written description requirement had not been satisfied. Synthes USA, LLC v. Spinal Kinetics, Inc. 2013 WL 5788675 (C.A.Fed. (Cal.))
Transportation: Board of Patent Appeals and Interferences ran afoul of expansive and flexible approach in analyzing patent for obviousness. Randall Mfg. v. Rea 2013 WL 5813334 (C.A.Fed.)
Attorney Fees: Court’s failure to adjust lodestar figure in determining fee award precluded review of award’s reasonableness. American Bd. of Internal Medicine v. Von Muller 2013 WL 4852293 (C.A.3 (Pa.))
Evidence: Evidence of defendants’ financial condition could not be excluded on motion in limine in copyright infringement action. Leonard v. Stemtech Health Sciences, Inc. 2013 WL 5511420 (D.Del.)
Software: Defendant failed to timely establish joint ownership of registered copyrighted software. Complex Systems, Inc. v. ABN Ambro Bank N.V. 2013 WL 5797111 (S.D.N.Y.)