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On Feb. 26, 2016, a Federal Circuit panel of Chief Judge Prost and Circuit Judges Dyk and Reyna issued a unanimous opinion, authored by Judge Dyk, in Apple Inc. v. Samsung Electronics Co., Ltd., Case Nos. 2015-1171, 2015-1195, and 2015-1994. This is the third appeal of the case heard by the Federal Circuit. In this appeal, the Federal Circuit confronts the core infringement and invalidity issues. The panel reversed the district court's denial of JMOL of non-infringement of Apple's '647 patent, reversed the district court's denial of JMOL of invalidity of Apple's '721 and '172 patents, affirmed the district court's judgment of non-infringement of Apple's '959 and '414 patents, affirmed the district court's judgment of infringement of Samsung's '449 patent, and affirmed the district court's judgment of non-infringement of Samsung's '239 patent.
The Apple '647 Patent
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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.
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