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The 'On-Sale' Bar After <i>Pfaff</i>
Pfaff v. Wells Elecs., Inc., 525 U.S. 55 (1998) is widely recognized as a milestone in the annals of patent law for providing direction as to how courts are to analyze and apply the statutory “on-sale” bar to the granting of patents. See 35 USC ' 102(b) (“a person shall be entitled to a patent unless ' (b) the invention was ' on sale in this country, more than one year prior to the date of the application for patent in the United States”). Prior to Pfaff, courts used the “totality of the circumstances” test in determining whether an invention was on sale under ' 102(b). This open-ended standard provided little guidance, however, with the result that courts did not apply the test uniformly. Thus, for example, while some courts held that an invention could not be on sale under ' 102(b) unless the invention had been “reduced to practice,” others did not. Pfaff provided a much needed, clear, and uniform test for lower courts to apply. This article explores how the Federal Circuit has applied Pfaff in more recent cases.
Pfaff
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.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.