CyberSource: Machines Executing Processes and the Computer-Readable Medium
September 28, 2011
In <i>CyberSource v. Retail Decisions</i>, a panel of the Federal Circuit affirmed a district court's summary judgment ruling that the asserted patent claims were invalid under 35 U.S.C. § 101, and held that purely mental processes are unpatentable abstract ideas. The court decided that merely limiting an unpatentable mental process to a computer-readable medium for execution on a processor, in a so-called <i>Beauregard</i> claim, did not satisfy § 101.
How the New Patent Act Will Affect the Way Counsel Practice and Advise Their Clients
September 28, 2011
The America Invents Act, passed by Congress on Sept. 9, 2011, and signed into law on Sept. 16, 2011, imposes sweeping changes to U.S. patent law. This article focuses on how the new patent laws will require patent practitioners to change the way they practice and advise their clients.
Fighting Encroachment Claims with Clear Contract Language
September 28, 2011
Two relatively recent court decisions addressing the common franchise issue of encroachment re-confirm the importance of carefully drafting each provision in a franchise agreement and shed some additional light on how courts will view and address encroachment claims going forward.
Same-Sex Unions: Marriage Equality Is Not Here Yet
September 27, 2011
There are many ways in which federal and sister-state laws will affect the rights of same-sex couples married in accordance with New York's new Marriage Equality Act (DRL ' 10-A). Here, discussion continues on what some of those laws mean to New York same-sex married couples and how certain problems created by them may be lessened by careful planning.
Considering Public Policy When Drafting Separation Agreements
September 27, 2011
Separation agreements differ from other kinds of post-nuptial agreements because they are contracts between a husband and wife who remain married but live separate and apart. Where they contain the provisions required by law, these agreements have long been recognized in New York as being valid and binding, and not contrary to public policy.
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