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Federal Circuit Interprets 'Broadest Reasonable Interpretation' Claim Construction Standard
On June 16, 2015, a unanimous Federal Circuit panel of Chief Judge Laurie, Circuit Judge Prost, and District Judge Gilstrap (sitting by designation from the Eastern District of Texas), issued an opinion, authored by Judge Prost, in Microsoft Corp. v. Proxyconn, Inc., Case No. 2014-1542, 1543. The panel reversed some claim constructions of the United States Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB), affirmed others, and remanded.
The appeal began as an inter partes review (IPR) of a patent related to packet-switched networks owned by Proxyconn (the '717 patent). Microsoft appealed the PTAB's finding of patentability of one of the claims, and Proxyconn cross-appealed the finding of unpatentability of several other claims, as well as the denial of its motion to amend. The USPTO then-Deputy Director, now Director intervened to clarify the PTAB's “broadest reasonable interpretation standard” in IPR claim construction. Slip op. at 2-3. The Federal Circuit reviewed the PTAB's claim constructions de novo, “because the intrinsic record fully determine[d] the proper construction.” Id. at 6.
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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?