Rozenblat v. Sandia Corp.

79 F. App'x 904
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 22, 2003
DocketNo. 03-2341
StatusPublished
Cited by1 cases

This text of 79 F. App'x 904 (Rozenblat v. Sandia Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rozenblat v. Sandia Corp., 79 F. App'x 904 (7th Cir. 2003).

Opinion

ORDER

Anatoly Rozenblat, a self-described “Independent Scientist and Inventor,” sued the Department of Energy’s Sandia National Laboratories and Sandia employee Peter Van Blarigan for copyright infringement, see 17 U.S.C. § 101 et seq., based on an illustrated article describing Sandia and Van Blarigan’s development of a new type of internal combustion engine for generating electricity. Rozenblat alleged that the article and its illustration violated his copyrights in a manuscript and two drawings expressing his own vision of the same concept. The district court concluded that the article and illustration are not substantially similar to Rozenblat’s copyrighted works, and so granted summary judgment in favor of the defendants. We affirm.

Rozenblat, a Russian emigre and engineer, claims credit for conceptualizing a new “combined engine” that uses fixed magnets and coils with the pistons in the cylinders of a conventional, crankshaft internal combustion engine to generate electricity as the pistons cycle. Rozenblat advanced his idea-via a short description of the proposed engine-in a number of forums between 1991 and 2001. In 1993 the National Congress of Inventor Organizations published the description (along with descriptions of other Rozenblat innovations) in its newsletter, “America’s Inventor.” Rozenblat also filed a patent application for his engine, but it is unclear whether he ever obtained a patent or actually built a prototype. In 1995, however, he did obtain copyright registration for two illustrations of the proposed engine’s piston-a full sectional view and a top view. And in 1996 he obtained copyright registration for the manuscript of his later-published book, The Russian Scientist and Inventor Brings the New Technologies to the U.S.A. The manuscript includes Rozenblat’s brief description of the combined engine.

Meanwhile, Sandia was working to develop a “free piston” internal combustion engine for generating electricity more cleanly and economically than is feasible with traditional reciprocating engines. In 2001 Van Blarigan, the principal researcher on the project, obtained a patent (assigned to Sandia) for the “free-piston engine.” The previous year, an American Society of Mechanical Engineers publication, Mechanical Engineering Power, had described Sandia’s efforts in an article entitled “Cleaner Energy.” The author had interviewed Van Blarigan, who explained that Sandia’s engine differs from conventional reciprocating engines by employing compression rather than spark ignition to move a piston between two combustion chambers. The piston then drags attached are earth magnets that surround it through coils separating the combustion chambers to generate electric current. The article also included an illustration [906]*906(similar to the one in Van Blarigan’s patent application) of the free-piston engine.

After seeing “Cleaner Energy,” Rozenblat (who did not learn about the patent until Sandia produced it in discovery) filed suit for copyright infringement in Illinois state court, claiming that the Department of Energy and Sandia had “begun to use [his] works.” Rozenblat alleged that “Cleaner Energy” exposed “substantial similarity” between the defendants’ “works” and his own copyrighted description of the “combined engine” and illustration of its piston. He sought damages or a “stop” to the free-piston engine project.

The defendants removed the suit to district court, where the court transferred the action as to the Department of Energy to the Court of Federal Claims. The district court initially granted Rozenblat’s motion for appointment of counsel, but two different lawyers that the court enlisted withdrew, and so Rozenblat proceeded pro se. In granting summary judgment for the defendants, the district court compared Rozenblat’s description (contained in his copyrighted manuscript) of the proposed combined engine and his illustrations of its piston with “Cleaner Energy” and the article’s illustration of the free-piston engine. The court concluded that any similarities between Rozenblat’s protected works and the allegedly infringing article and illustration related to unprotected ideas, not the expression of those ideas that Rozenblat’s copyrights protect.

Rozenblat contests the grant of summary judgment. To succeed on a copyright infringement claim, Rozenblat must prove that he owns a valid copyright and that the defendants copied original or “protectible” aspects of the copyrighted work. Feist Pubs., Inc. v. Rural Tel. Serv. Co., 499 U.S. 840, 348, 361, 111 S.Ct. 1282, 113 L.Ed.2d 358 (1991). To prove that the defendants copied protectible aspects of his work, Rozenblat must demonstrate that the allegedly infringing work is “substantially similar” to copyrightable aspects of his own work. See, e.g., Roulo v. Russ Berrie & Co., 886 F.2d 931, 939 (7th Cir. 1989); see also Melville B. Nimmer & David Nimmer, Nimmer on Copyright § 13.01[B] (2003). We assume for purposes of summary judgment that the defendants had access to, and may have copied, Rozenblat’s work. See Pickett v. Prince, 207 F.3d 402, 404 (7th Cir.2000). Thus, the dispute here centers on the similarity of the works-specifically, whether a factfinder could conclude that the article and its illustration of the free-piston engine are substantially similar to protected elements of Rozenblat’s works.

We can easily dispense with Rozenblat’s claim that “Cleaner Energy” infringes on his copyrighted description of his “combined engine.” First off, neither Sandia nor Van Blarigan authored “Cleaner Energy,” making it improbable that they bear responsibility for the alleged infringement. But even if we assume they could be culpable, “Cleaner Energy” is not substantially similar to the description of the combined engine in Rozenblat’s manuscript. Rozenblat’s “proof’ of substantial similarity amounts to a list of commonplace words and phrases culled from “Cleaner Energy” that also appear in his own work. The list of words demonstrates only that both works use ordinary terminology like engine, piston, cylinder, and power. And the “phrases” are no more iUuminating-Rozenblat points out, for instance, that his work says “induce a electromagnetic force (e.m.f.) and additionally current,” and “Cleaner Energy” contains the phrase “generates electric power.” But using the same words and phrases does not amount to stealing protected expression, see Bird v. Parsons, 289 F.3d 865, 881-82 (6th Cir. 2002) (“fragmentary words and phrases” are not protected) (collecting cases), especially when, as is true here, the words and [907]*907phrases are necessary to describe an unprotected process, see Am. Dental Ass’n v. Delta Dental Plans Ass’n, 126 F.3d 977, 979 (7th Cir.1997); Wildlife Express Corp. v. Carol Wright Sales, Inc., 18 F.3d 502, 508 (7th Cir.1994) (no copyright infringement for using expression required by idea).

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Related

Rozenblat v. Sandia Corp.
541 U.S. 910 (Supreme Court, 2004)

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