October 29, 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.
Declaratory Judgment: Jurisdiction did not exist in action for declaratory judgment of non-infringement and invalidity of patents. . Cisco Systems, Inc. v. Alberta Telecommunications Research Center, 2013 WL 4563117 (C.A.Fed. (Cal.)) Declaratory judgment jurisdiction did not exist in an action in which a manufacturer of networking equipment components used in telecommunications infrastructures sought a declaratory judgment of non-infringement and invalidity of patents directed to telecommunications networks that claimed the networks themselves and methods performed on the network. The patents’ exclusive licensee conceded its willingness to grant the manufacturer an unqualified covenant not to sue and its lack of a basis for asserting direct or indirect infringement claims against the manufacturer. The parties agreed that the manufacturer’s products had substantial non-infringing uses, and the manufacturer failed to identify any obligation to indemnify or defend its customers against which the licensee had pursued infringement claims. 2013 WL 4563117. (The full-texts of the rest of the Topical Highlights are available within Westlaw Next, subscription required)
Injunction: Patentee had substantial likelihood of success on merits, as required for preliminary injunction. Activision TV, Inc. v. Pinnacle Bancorp, Inc. 2013 WL 5466956 (D.Neb.)
Art and Architecture: Georgian style custom-designed homes were not substantially similar under Copyright Act. Charles W. Ross Builder, Inc. v. Olsen Fine Home Bldg., LLC 2013 WL 5461841 (E.D.Va.)