Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
Federal Circuit: Application by PTAB of Broadest Reasonable Interpretation Standard in Claim Construction Upheld Under the AIA
On Feb. 4, 2015, a Federal Circuit panel of Judges Newman, Clevenger, and Dyk issued a 2-1 opinion, authored by Judge Dyk, in In re Cuozzo Speed Tech., LLC, Case No. 2014-1301. The panel held, inter alia, that: 1) the Federal Circuit lacks jurisdiction to review final decisions made by the Patent Trial and Appeal Board (PTAB) regarding whether to institute an inter partes review (IPR); and 2) the PTAB must apply the broadest reasonable interpretation standard of review to claim construction determinations during an IPR. See, Slip op. at 2. This case marks the Federal Circuit's first decision in an appeal of an IPR petition under the America Invents Act (AIA). Justice Newman dissented.
The appeal resulted from a dispute between Cuozzo Speed Technologies (Cuozzo), owner of U.S. Patent No. 6,778,074 (the '074 patent), and Garmin International, Inc. and Garmin USA, Inc. (collectively Garmin) over the validity of the '074 patent. The '074 patent discloses a mechanism for displaying a vehicle's speed as well as the speed limit. Garmin petitioned for an IPR of three claims of the '074 patent, which the United States Patent and Trademark Office (USPTO) instituted. The PTAB issued a final decision finding all three claims obvious over the prior art and denying Cuozzo's motion to amend the claims at issue. Cuozzo appealed.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.