Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Supreme Court Re-Invigorates 'Obviousness': KSR v. Teleflex Decision
On April 30, 2007, Justice Anthony Kennedy delivered a unanimous decision of the
U.S. Supreme Court in KSR International Co. v. Teleflex Inc., reversing the U.S. Court of Appeals for the Federal Circuit ('Federal Circuit') and, in effect, re-invigorating obviousness under 35 U.S.C. '103 as an available defense to a patent.
Under 35 U.S.C. '103 a patent is rendered obvious where:
the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.
The Federal Circuit, interpreting '103 and prior U.S. Supreme Court guidance, propounded and has been applying the 'TSM test,' short for 'teaching, suggestion, or motivation.' According to the Federal Circuit, under the TSM test 'a patent claim is only proved obvious if 'some motivation or suggestion to combine the prior art teachings' can be found in the prior art, the nature of the problem, or the knowledge of a person having ordinary skill in the art.' Finding this test too 'rigid,' the U.S. Supreme Court reversed the Federal Circuit's finding of non-obviousness and advocated a more flexible approach.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."