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S. Ct.: Clear Error Standard Must Now Be Applied To District Court's Factual Claim Construction Findings
Majority decision rejects Federal Circuit's precedent set forth in Cybor Corp., which mandated de novo appellate review of all Markman rulings.
On Jan. 20, 2015, a 7-2 ruling was issued by the U.S. Supreme Court in Teva Pharm. USA, Inc. v. Sandoz, Inc., Case No. 13-854, holding that, pursuant to Federal Rule of Civil Procedure 52(a)(6), the Federal Circuit must apply a clear error standard of review to all factual findings regarding claim construction rulings by district courts. The opinion overturned the long-standing Federal Circuit precedent set forth in Cybor Corp. v. FAS Techs., Inc., 138 F.3d 1448 (Fed. Cir. 1998), that all findings of fact related to claim construction were subject to de novo review on appeal. Justices Thomas and Alito dissented.
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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.
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?
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.