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e-Commerce Website Methods Are Patent Eligible
On Dec. 5, 2014, a divided Federal Circuit panel held that claims directed to systems and methods of generating a composite Web page combining certain visual elements of a “host” website with content of a third-party merchant were “necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks,” and, therefore, were patent-eligible under 35 U.S.C. '101. DDR Holdings, LLC v. Hotels.com, L.P., Docket No. 13-1505. However, the court cautioned that not all claims addressing Internet-centric challenges are patent-eligible. Further, Judge Mayer, dissenting, argued that the claims “simply describe an abstract concept ' that an online merchant's sales can be increased if two Web pages have the same 'look and feel' ' and apply that concept using a generic computer.” Accordingly, the patent-eligibility of Internet-centric claims remains unsettled.
Technology At Issue
Prior art systems allow third-party merchants to “lure the [host website's] visitor traffic away” from the host website because visitors would be taken to the third-party website when they clicked on an advertisement on the host site. The patents-in-suit provided the following solution: On activating a hyperlink on a host website ' e.g., an advertisement for a third-party merchant ' instead of taking the visitor to the merchant's website, the system generates and directs the visitor to a composite Web page displaying product information from the merchant, but retaining the host website's “look and feel.” This allows the host website to display a third-party's products, but retains its visitor traffic by displaying this product information from within a generated Web page that “gives the viewer of the page the impression that she is viewing pages served by the host” website.
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.