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(U.S. Fed. Cir., Intellectual Property, Patent, Remedies) District court did not abuse its discretion in permanently enjoining defendant from selling its product after jury found willful infringement of plaintiff’s valid patent. The court correctly applied the four-factor test for permanent injunctive relief, finding that: 1) plaintiff has suffered irreparable injury; 2) remedies at law were inadequate; 3) balance of hardships warranted issuance of injunctive relief; and 4) the public interest was not harmed by issuance of the permanent injunction, despite defendant’s assertion that its infringing product was safer than plaintiff’s product.
Intervest Constr., Inc. v. Canterbury Estate Homes, Inc.
(U.S. 11th Cir., Construction, Copyright, Intellectual Property, Property Law & Real Estate) In a copyright infringement action alleging that district court erred in its examination of the two-floor plan at issue, summary judgment in favor of defendant is affirmed where: 1) the floor plans at issue were protected by compilation copyrights which were “thin”; and 2) the district court correctly determined that the differences in the protectable expression were so significant that, as a matter of law, no reasonable properly-instructed jury of lay observers could find the works substantially similar.
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(U.S. Fed. Cir., Dispute Resolution & Arbitration, Intellectual Property, Patent) In a patent case involving a method and system for mandatory arbitration involving legal documents, such as wills or contracts, a decision of the Board of Patent Appeals and Interferences affirming an examiner’s rejection of claims 1-59 of applicant’s patent application as obvious in view of the prior art and therefore unpatentable under 35 U.S.C. section 103 is affirmed in part and vacated in part where: 1) applicant’s independent claims 1 and 32 and most of their dependent claims are unpatentable subject matter under 35 U.S.C. section 101; and 2) with respect to two other independent claims and various other dependent claims a remand to the PTO was necessary for it to consider the section 101 question in the first instance.
Kaiser Found. Health Plan Inc. v. Abbott Labs., Inc.
(U.S. 9th Cir., Antitrust & Trade Regulation, Commercial Law, Evidence, Health Law, Intellectual Property, Patent) In a suit against a brand-name and a generic drug manufacturer alleging restraint-of-trade and monopolization of the market for a blood pressure medication, judgment for defendants is affirmed in part over plaintiff’s evidentiary challenges, but reversed in part where plaintiff produced sufficient evidence to go to trial on its claim that defendant had violated the Sherman Act by enforcing a patent obtained through fraud.
Ricoh Co. v. Quanta Computer Inc.
(U.S. Fed. Cir., Intellectual Property, Patent) In a patent-infringement case, summary judgment dismissing all claims against defendant is affirmed in part but vacated in part where the district court applied erroneous legal standards for assessing: (1) whether defendant contributorily infringed two patents and (2) whether co-defendant induced infringement of the two patents.
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(U.S. 11th Cir., Civil Procedure, Copyright, Entertainment Law, Intellectual Property) In a copyright infringement case involving the rap song “The Weedman” which appears on a Lil John album “Kings of Crunk”, dismissal of plaintiff-musician’s claim for breach of fiduciary duty is affirmed where: 1) the amended complaint failed to allege a fiduciary relationship and thus failed to state a claim for relief; and 2) plaintiff could not the grant of summary judgment based on arguments raised for the first time in his motion for reconsideration.
Intervest Constr., Inc. v. Canterbury Estate Homes, Inc.
(U.S. 11th Cir., Construction, Copyright, Intellectual Property, Property Law & Real Estate) In a copyright infringement action alleging that district court erred in its examination of the two-floor plan at issue, summary judgment in favor of defendant is affirmed where: 1) the floor plans at issue were protected by compilation copyrights which were “thin”; and 2) the district court correctly determined that the differences in the protectable expression were so significant that, as a matter of law, no reasonable properly-instructed jury of lay observers could find the works substantially similar.
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(U.S. Fed. Cir., Copyright, Government Law, Intellectual Property) 28 U.S.C. section 1498(b), which governs copyright infringement suits against the federal government, does not authorize this suit by a federal prisoner seeking to recover for the government’s use of desk-blotter calendars he created as part of his assigned duties in prison. Plaintiff was “in the service of the United States” when he developed and produced the calendar at a government facility, using government-furnished computers, under the supervision of government employees, in exchange for modest compensation.
Boston Scientific Scimed, Inc. v. Cordis Corp.
(U.S. Fed. Cir., Drugs & Biotech, Health Law, Intellectual Property, Patent) In a patent case involving a drug-eluting expandable stent with a coating that has a non-thrombogenic surface, denial of defendant’s motion for a new trial and judgment as a matter of law (JMOL) following a jury verdict of infringement of a patent claim is reversed where the district court erred as a matter of law in failing to hold the patent at issue to have been obvious.
Wilchombe v. Teevee Toons, Inc.
(U.S. 11th Cir., Civil Procedure, Copyright, Entertainment Law, Intellectual Property) In a copyright infringement case involving the rap song “The Weedman” which appears on a Lil John album “Kings of Crunk”, dismissal of plaintiff-musician’s claim for breach of fiduciary duty is affirmed where: 1) the amended complaint failed to allege a fiduciary relationship and thus failed to state a claim for relief; and 2) plaintiff could not the grant of summary judgment based on arguments raised for the first time in his motion for reconsideration.
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February 3, 2009 11:55 pm | 
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