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Federal Circuit Affirms Non-Infringement Decision Based on Prosecution Disclaimer
On May 11, 2017, a Federal Circuit panel of Judges Moore, Linn and Stoll issued a unanimous opinion, authored by Judge Stoll, in Aylus Networks, Inc. v. Apple Inc., Case Nos. 2016-1599. The panel affirmed the district court's grant of summary judgment finding Apple does not infringe the asserted claims of U.S. Patent No. RE 44,412.
Aylus sued Apple for infringement of multiple claims of the '412 patent in district court. Apple then filed two petitions for inter partes review (IPR) of the '412 patent. The PTAB instituted review of all claims except 2, 4, 21, and 23 based on one petition and denied institution based on the other. Following institution, Aylus narrowed its district court action, maintaining its claim of infringement only as to claims 2 and 21. Apple filed for summary judgment of noninfringement as to these claims.
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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.