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Supreme Court Issues Opinions on Obviousness; Whether Software Qualifies As 'Component'
In the highly anticipated decision KSR Int'l Co. v. Teleflex, Inc., No. 04-1350, 550 U.S. ____ (2007), the Supreme Court unanimously held that the Federal Circuit's rigid application of its 'teaching, suggestion, or motivation' ('TSM') test to determine obviousness was inconsistent with the 'expansive and flexible approach' of past Supreme Court precedents like Graham v. John Deere Co. of Kansas City, 383 U.S. 1 (1966) and United States v. Adams, 383 U.S. 39 (1966).
Teleflex is the exclusive licensee of the 'Engelgau' patent at issue. The patent claimed an electronic sensor combined with an adjustable automobile pedal that can transmit the pedal's position to a computer in order to control the throttle. Teleflex sued KSR, a manufacturer of pedal systems, claiming that KSR's addition of a sensor to its adjustable pedal system infringed the Engelgau patent. KSR responded by arguing that the claimed invention was obvious under '103.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?