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Supreme Court Mandates More Patent Claim Clarity
In Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, 572 U.S. __ (2014), a unanimous Supreme Court held that the test for patent claim definiteness in 35 U.S.C. '112, '2 (2006) “require[s] that a patent's claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty.” Vacating a Federal Circuit opinion applying that court's test, the Supreme Court concluded that such test “lack[ed] the precision '112, '2 demands,” and could “breed lower court confusion.”
'Definiteness' Requirement For Patent Claims
The relevant text of 35 U.S.C. 112, '2 requires patent claims “particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.” This provision had come to be known as the “definiteness” requirement for patent claims and those failing to meet the requirement are invalid as “indefinite.” 35 U.S.C. '282. The Federal Circuit had evolved a strict standard under which a claim was invalid as indefinite only if the claim was “not amenable to construction” or, if construed, remained “insolubly ambiguous.” Perhaps because the Federal Circuit's standard focused on construction of the claim term at issue, as a practical matter, district courts often substantively applied the definiteness standard in connection with claim construction proceedings, granting summary judgment of indefiniteness, if the claim failed to meet the standard during claim construction.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.