IP LAW 360

By: Jesse Greenspan

A federal jury has awarded $7.8 million to Excelsior College, which had accused a test preparation service of misappropriating its copyrights and trade secrets in regards to a series of nursing exams and content guides.

The verdict was one of the largest ever reached for the infringement of test questions, according to David Miranda, a partner with Heslin Rothenberg Farley & Mesiti P.C., who represented the college in the case.

“We are extremely pleased by the jury’s verdict, and believe that it is reflective of the value placed on intellectual property by institutions of higher learning,” Miranda said.

Albany, N.Y. based Excelsior is one of three main colleges in the country that allows students to earn a degree through credit-by-examination testing. In its nursing department, students must pass seven examinations, which are offered at testing sites throughout the country, before they can take their clinical nursing exam and get a degree.

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