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IP News
PTAB Did Not Deny Procedural Due Process By Adopting a Claim Construction not Offered by the Parties During IPR
On May 8, 2017, Federal Circuit Judges Reyna, Wallach, and Chen issued a unanimous decision, authored by Judge Reyna, in Intellectual Ventures II LLC v. Ericsson Inc., Case Nos. 2016-1739, 2016-1740, and 2016-1741. The panel affirmed a decision by the United States Patent and Trademark Office, Patent Trial and Appeal Board (the Board) invalidating Intellectual Ventures II LLC's (IV) patents in Nos. IPR2014-00915, IPR2014-00919, and IPR2014-01031.
In 2014, the Board granted two IPR petitions by Ericsson Inc. and Telefonaktiebolaget LM Ericsson and one IPR petition by Google, Inc. The petitions challenged claims which disclosed a method for efficiently synchronizing cellphone base stations on a selected frequency. IV argued before the Board that the term “an indication of an operating bandwidth” referred to a particular operating bandwidth. Ericsson argued that IV's construction was unduly narrow, and Google argued that the plain and ordinary meaning should control. The Board adopted a claim construction that no party had argued for, which required “that the first signal portion contains sufficient information” such that “the receiver is able to configure itself to receive the data portion of the signal” at “approximately the same frequency range or bandwidth at which it will be transmitted by the transmitter.”
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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.
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.
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.
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?