October 8, 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: Alternative design of mobile phones and tablets did not infringe “displaying” limitations of patent. Microsoft Corp. v. International Trade Com’n 2013 WL 5479876 (C.A.Fed.) For a context menu to be in the proximity of the graphical representation of a selected object, as required by the “displaying” limitations of a patent generally disclosing and claiming a computer system having a graphical user interface that presented a set of representations corresponding to actual computer resources, including objects and containers, and offered context-sensitive menus for user interaction, the graphical representation had to remain at least partly visible on the screen when the context menu appeared, and therefore the alternative design of accused mobile telephones and tablets was not infringing. This construction of the patent adopted a meaning of the claim terms that embodied the most natural understanding of the terms when read on their face, and the pertinent patent drawings showed still-visible graphic representations of the selected objects. 2013 WL 5479876. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required)
Marks and Logos: Local government entity could not obtain federal trademark registration for entity’s official insignia. In re City of Houston 2013 WL 5433432 (C.A.Fed.)
Computers and Electronics: Terms “system memory means” and “digital memory means” were not means-plus-function limitations. TecSec, Inc. v. International Business Machines Corp. 2013 WL 5452049 (C.A.Fed. (Va.))
Limitations: Applying laches defense to infringements that trigger new limitations periods under Copyright Act—Certiorari Granted PETRELLA, PAULA V. MGM, INC., ET AL. 2013 WL 5430494 (U.S.)