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Software Patent Does Not Qualify As Patent-Eligible Subject Matter
On May 10, 2013, the Federal Circuit in CLS Bank International v. Alice Corporation (2011-1301), issued an en banc per curiam order affirming the district court's ruling that Alice's software patents were not directed to patent-eligible subject matter under 35 U.S.C. ' 101. Per Curiam Order at 6-7. Alice's patents related to financial-services software that reduced settlement risk by facilitating a trade through third-party intermediation. Lourie Op. at 10. Meanwhile, the claims in Alice's patents were of three types: 1) method claims, 2) computer-readable medium claims, and 3) system claims. Id. at 2-4.
The per curiam order is the only precedential portion of the decision; no precedential decision was reached with respect to any other issue. See Id. at 2, n. 1. Seven of the 10 judges found that the method and computer-readable medium claims were not patent-eligible subject matter. However, only five judges found that the system claims were not patent-eligible subject matter. Id. Furthermore, eight judges agreed that all three types of claims “should rise or fall together in the ' 101 analysis.” Id.
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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.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?