5th Circuit Affirms: State Law Claim Preempted By Copyright, Patent Statutes

(November 15, 2017, 1:52 PM EST) -- NEW ORLEANS — An allegation of unfair competition by misappropriation under Texas law was properly rejected by a Texas federal judge on the basis of federal preemption under the Copyright Act, 17 U.S.C. § 101 et seq., and Patent Act, 35 U.S.C. § 1 et seq., the Fifth Circuit U.S. Court of Appeals ruled Nov. 14 (Motion Medical Technologies LLC, et al. v. ThermoTek Inc., No. 16-11381, 5th Cir., 2017 U.S. App. LEXIS 22826)....