October 15, 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.
Computers and Electronics: Court lacked authority to correct claim by inserting language omitted by Patent and Trademark Office. H-W Technology, LC v. Overstock.com. Inc., 2013 WL 5314356 (N.D.Tex.) In determining whether a patent for an internet protocol phone with search and advertising capability was indefinite for failure to delineate a no-call feature, the court lacked authority to correct a claim by inserting language omitted by the Patent and Trademark Office when the patent issued. The missing language appeared in another claim, and a specification made clear that the no-call feature was a necessary limitation. However, the missing language was not evident on the face of the patent. 2013 WL 5314356 (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required)
Venue: Transfer of venue following Markman hearing Affinity Labs of Texas v. Samsung Electronics Co., Ltd. 2013 WL 5508122 (E.D.Tex.)
Patent and Trademark Office: Patent and Trademark Office’s regulation on applicant delay was permissible construction of patent statute. Gilead Sciences, Inc. v. Rea 2013 WL 5504370 (E.D.Va.)
Inequitable Conduct: Falsehoods in inventor’s original declaration supported a finding of materiality on inequitable conduct claim. Intellect Wireless, Inc. v. HTC Corp. 2013 WL 5539610 (C.A.Fed. (Ill.))
Books and Publishing: Verse, “May the strength of the Holy Spirit be with you, guiding you every day of your life,” was not copyrightable. Personal Keepsakes, Inc. v. Personalizationmall.com, Inc. 2013 WL 5348329 (N.D.Ill.)
Motion Pictures: Individual who downloaded and distributed copyrighted film on peer-to-peer file-sharing network was liable for infringement. AF Holdings LLC v. Bossard 2013 WL 5550462 (W.D.Mich.)