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News & Analysis as of

Federal Circuit Court of Appeals Limits Common Sense in Obviousness Determinations in Patent Claims

On August 10, 2016, the Federal Circuit Court of Appeals tightened the usage of common sense and in doing so clarified the criteria for applying it in an obviousness determination. Arendi S.A.R.L., Appellant v. Apple Inc.,...more

Federal Circuit Emphasizes that an Obviousness Analysis Based on Common Sense Must be Supported by Substantial Evidence and...

A recent decision by the Federal Circuit suggests that relying on “common sense” in analyzing whether a patent is obvious in view of prior art cannot always be based on common sense alone. In a decision providing...more

When Can Common Sense be Relied Upon to Find an Invention Obvious?

All patent practitioners recognize that a single prior art reference can be used to reject claims in an obviousness rejection. However, the issue is whether the Patent Office must provide additional evidence, above and beyond...more

Did You Search Your Jurors’ Social Media? There Are Rules

If you represented a large corporation or a wealthy individual, wouldn’t you want to know if your prospective jurors were campaigning for Bernie Sanders on Facebook? Or how about criminal prosecutors who might want to know if...more

Selfies: Changing the “Face” of Retail

Selfies are everywhere. From selfie sticks to photo editing applications, people are looking for new and better ways to take photos of themselves. At the same time, retailers are creatively taking advantage of our selfie...more

Top Privacy Cases of 2016: Midyear Report

Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more

Your daily dose of financial news - The Brief – 8.15.16

More details have emerged from the February cyberheist that resulted in the theft of more than $81 million from Bangladesh’s account at the NY Fed, including a pretty significant lack of critical concern from the bank itself....more

PTAB Reversed–Common Sense Improperly Used to Supply Missing Limitation in Obviousness Inquiry

In a rare rebuke of the PTAB’s discretion, the Federal Circuit has outright reversed a finding of obviousness based on the Board’s misapplication of the law on the permissible use of “common sense” in an obviousness analysis....more

Technology Companies Continue Their Automotive Invasion

As we have written about before, the difference between technology companies and automotive companies is getting smaller and smaller. That trend continues to progress. Samsung Electronics Ltd. is closer to becoming an...more

What Lawyers Can Learn from Google About Collaboration

Problem: These days productive lawyering, successful onboarding of lateral hires, and effective Legal Project Management (LPM) place a huge premium on effective collaboration, and a recent Harvard Business Review study found...more

In re Nickelodeon Consumer Privacy Litigation: An IP Address is Not Always Personally Identifiable Information

What’s the Case About? In re Nickelodeon Consumer Privacy Litigation is a multi-district consolidated class action filed on behalf of children under the age of thirteen alleging that Viacom used child directed websites it...more

Your daily dose of financial news - The Brief – 7.29.16

A federal judge in Idaho has dismissed a $24 billion lawsuit against Credit Suisse alleging that the bank and real estate adviser Cushman & Wakefield ran a “predatory loan-to-own scheme that . . . loaded four luxury ski and...more

Pokémon Go Presents Real Privacy Concerns in the (Semi-)Virtual World

?Pokémon Go is an augmented reality game developed by Niantic (a Google affiliate) and Nintendo. Players navigate real world locations capturing and training virtual “Pokémon” creatures with their iOS and Android smartphones....more

A Trial Attorney’s “Google” Responsibilities

Facebook, Twitter, LinkedIn and other social media services store the personal and professional information of millions of users. To the enterprising trial attorney, that’s millions of tweets, posts, photos, ‘likes’, pins,...more

The VPPA and PII: Is Geolocation Another Anonymous Identifier?

Video Privacy Protection Act - This article explores how personally identifiable information has been defined in leading Video Privacy Protection Act actions and looks at how concerns over the potential sensitivity of...more

LED Dispute Blazes Through Summary Judgment

A recent decision from Judge Stearns sheds new light on a dispute between Lexington Luminance (“Lexington”) and Google over LED technology. The dispute began in November, 2012, when Lexington accused Google of infringing...more

Augmenting Reality: A Pokémon Go Business and Legal Primer

We have become inured to the sight of people staring at their phones rather than engaging with one another or enjoying their real-life surroundings. But, over the past two weeks, enslavement to mobile devices rose to new...more

Pokémon NO: New App Creates Risks For Employers

Seyfarth Synopsis: Pokémon GO’s popularity is at a fever pitch. However, the game poses several risks for employers including software security, privacy and workplace safety concerns. Your employees may be on a quest...more

Pokémon Go Catches More Than It Bargained For

The recently-released Pokémon Go has quickly emerged as a cultural phenomenon, with legions of players using their phones to “catch” Pokémon that emerge all around them, visible (thankfully) only to players. While catching...more

Connected Toys, Augmented Reality as the Next Big (Io)Thing

There has been an uptick in congressional inquiries regarding privacy concerns in the IoT space. And most recently in the gaming world of augmented reality. On Tuesday, Senator Al Franken (D-Minn.) initiated a congressional...more

Pokémon Go Presents Confidentiality, Trade Secret and Privilege Concerns for Users Who Also Use Google Accounts for Business...

The newest, hottest game, Pokémon Go, has already been downloaded over 7.5 million times on iOS and Android phones since being released less than a week ago. The free-to-download game is bringing in $1.6 million in daily...more

Whitelisting Violates German Unfair Competition Act

On 24 June 2016, the long-awaited decision on ad blocking software was adopted by the Higher Regional Court of Cologne (6 U 149/15 – Axel Springer./.Eyeo). This is the first decision on the subject matter taken by an...more

District Court Denies Leave to Amend to Add Implied License Affirmative Defense Where Motion for Leave Was Filed Just Two Months...

Google, Inc. and YouTube, LLC (collectively "Google") filed a motion for leave to amend their answer to include an implied license affirmative defense. Because Google filed the motion to amend its answer more than two months...more

Employment Law Navigator – Week in Review: July 2016 #2

Last week, former FOX News anchor Gretchen Carlson filed a sexual harassment suit against her boss, Roger Ailes. Ms. Carlson’s complaint makes a number of allegations, including quid pro quo harassment, and was filed against...more

Google Prevails In Privacy Case Before Third Circuit - But Court’s Decision May Leave Door Open For Future Video Privacy Suits

On June 27, the U.S. Court of Appeals for the Third Circuit, in a precedential opinion, rejected the allegation that Google and Viacom violated the Video Privacy Protection Act (“VPPA”) and federal and state wiretapping...more

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