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Federal Circuit Split Decision on 'Public Accessibility' of Internet Posting
Do Internet postings constitute 'printed publications' that are available as prior art under 35 U.S.C. '102(b)? Most practitioners and examiners behave as though this were a settled question. It is not. The Court of Appeals for the Federal Circuit recently addressed this issue in SRI International v. Internet Security Systems and Symantec, 2008 WL 68679 (Fed. Cir. 2008). After much discussion of the principle of 'public accessibility,' the majority of the panel determined that there was a genuine issue of material fact as to whether a paper that SRI posted on its Internet server was a printed publication.
The Case
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.