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
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.