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What's the Hurry? Fallout After KSR
Every U.S. Supreme Court decision affecting intellectual property involves intellectual property attorneys from that moment forward, and all of the pending patent applications that those attorneys are prosecuting. How those attorneys react to the pronouncement of law makes the difference.
As a Supreme Court decision is analyzed by professors, commentators, and even newsroom reporters in the weeks and months following the date of the decision, patent attorneys are 'living the moment' by responding to Patent Office rejections, perhaps using time-tested words and phrases that do not apply anymore.
Since April 30, the date of the KSR v. Teleflex decision, much has been made about the abolishment of the Teaching-Suggestion-Motivation ('TSM') test. Certainly TSM remains a factor, but who could not have seen that abolishment coming? There were certainly two realities at work: 1) the Court of Appeals for the Federal Circuit ('CAFC') started backpedaling from that rigidity as soon as the Supreme Court granted the Writ of Certiorari, and 2) the Supreme Court has consistently in all areas of the law used the 'I know it when I see it' standard.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.