Westlaw Topical Highlights: Intellectual Property, September 10, 2013

September 10, 2013

 REUTERS/Kim Hong-Ji

REUTERS/Kim Hong-Ji

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.

Appellate Jurisdiction: Court of Appeals for Federal Circuit lacked subject matter jurisdiction over patentee’s appeal.  Wawrzynski v. H.J. Heinz Co. 2013 WL 4766840 (C.A.Fed. (Pa.)) The Court of Appeals for Federal Circuit lacked subject matter jurisdiction over appeal under pre- America Invents Act version of the statute conferring appellate jurisdiction on that court over appeals based on a civil action in which a party has asserted a compulsory counterclaim arising under any act of Congress relating to patents. 2013 WL 4766840 (The full-texts of the rest of the Topical Highlights are available within Westlaw Next, subscription required)

Advertising: Olive oil trade association seeking preliminary injunction was not likely to succeed on the merits of its action.  North American Olive Oil Ass’n v. Kangadis Food Inc. 2013 WL 1777774 (S.D.N.Y.)

Contributory infringement: Global parent company was liable for subsidiary’s trademark infringement.  ITT Corp. v. Xylem Group, LLC 2013 WL 4011057 (N.D.Ga.)

Reexamination: America Invents Act precluded judicial review under the APA of decision to initiate post-grant review.  Versata Development Corp. v. Rea 2013 WL 4014649 (E.D.Va.)

Biotechnology: Phrase, “biological activity of 2,4–D monooxygenase,” did not cover enzyme such as dioxygenase.  Bayer CropScience AG v. Dow AgroSciences LLC 2013 WL 4712725 (C.A.Fed. (Del.))

Computers and Electronics: Summary judgment was not warranted on claim that patentee breached implied duty of good faith and fair dealing.  Microsoft Corp. v. Motorola, Inc. 2013 WL 4053225 (W.D.Wash.)

Computers and Electronics: System claims of patent relating to handling task during insurance claim processing were ineligible for patenting.  Accenture Global Services, GmbH v. Guidewire Software, Inc. 2013 WL 4749919 (C.A.Fed. (Del.))

Jurisdiction: California-based infringer’s negotiation of supply agreements did not cause sales of accused products to be “within the United States.”  Lake Cherokee Hard Drive Technologies, L.L.C. v. Marvell Semiconductor, Inc. 2013 WL 4054915 (E.D.Tex.)

Jurisdiction: Motion picture producer failed to allege a basis for jurisdiction over alleged infringers under New York long-arm statute.  Troma Entertainment, Inc. v. Centennial Pictures Inc. 2013 WL 4766854 (C.A.2 (N.Y.))