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Federal Circuit Defines “By Means Of”
On Oct.14, 2014, a Federal Circuit panel made up of Judges Taranto and Hughes, and Chief Judge Prost, issued a unanimous opinion, authored by Chief Judge Prost, in Robert Bosch, LLC v. Snap-On Inc., Case No. 2014-1040. The panel upheld the district court's finding that all claims asserted by Bosch were invalid as indefinite, because they contained two means-plus-function limitations, but the specification failed to describe structures that would accomplish the same.
Bosch's patent at issue is directed to a diagnostic tester that determines whether the computerized control unit on a vehicle needs to be reprogrammed. The diagnostic tester contains a “program recognition device,” which recognizes a version of the diagnostic software loaded on the vehicle's control unit, and a “program loading device,” which loads the current version of the diagnostic software if it detects an out of date version.
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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
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Strategy vs. Tactics: Two Sides of a Difficult Coin
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Legal Possession: What Does It Mean?
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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.