Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Assessing the Obviousness of Inventions
Organizations should evaluate their innovation processes in light of the evolving meaning of obviousness. In KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727 (April 30, 2007), the Supreme Court changed the obviousness standard. The new standard weakens patents and makes obtaining patent protection more challenging. Organizations can anticipate the need for rebuttal evidence and proactively capture evidence of unpredictability as innovations progress from concept to commercialization. To show non-obviousness, such evidence, or the lack thereof, can be used to decide whether to apply for a patent or maintain the potentially patentable technology as a trade secret, and, also, whether to continue development efforts or redirect investments to alternative ideas. Organizations that use an innovation process to capture evidence of unpredictability can preserve the strongest evidence of non-obviousness and, as a result, increase certainty in business decisions and, ultimately, profits.
Obviousness Analysis
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.
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.
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.
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."