District of Massachusetts IP Blog

Affirmative Defenses Sent To Arbitration

Abbott is accusing Centocor of infringing several patents related to drugs used to treat reheumatoid arthritis.  (Another case between the parties involves drugs used to treat psoriasis.)  Abbott moved for judgment on the pleadings / summary judgment on a number of Centocor’s affirmative defenses.  Defenses for express license and implied license were removed due to an intervening arbitrator’s decision (and Centocor’s agreement that such defenses could not be raised).  The defense of equitable estoppel was referred to arbitration by Judge Saylor in view of a previous agreement between the parties. 

Abbott Biotechnology Ltd. v. Centocor Ortho Biotech, Inc., 09-40089-FDS (D. Mass. Oct. 3, 2011)

Decedent’s Business Partner Held to Have Implied License to Copyrighted Designs

When Roberto Hevia-Acosta (RHA) passed away his estate and his long-time business partner engaged in a legal dispute regarding the copyrights in his architectural designs.  RHA and his partner had worked together to design and develop various real estate ventures including one which RHA had designed two years before his death.  The subject designs were created for the specific purpose of the project in question even though full rights to them had not been expressly conveyed to the business partner or subject project.  Given the detailed facts supporting RHA’s intent to convey a license in his works, the District Court in Puerto Rico found the existence of an unrevoked implied license and the First Circuit affirmed.

 

Strangely, the prevailing defendant sought attorneys fees under the District Court’s inherent power but not under the Copyright Act, which is much more favorable.  The District Court declined to award fees, which the First Circuit also affirmed.

 

http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=09-1096P.01A

 

Estate of Roberto Hevia, et. al. v. Portrio Corp., et. al., 09-1096, 09-1097 (1st Cir. Apr. 20, 2010)