Melanie' Post

USPTO Issues Updated Examiner Guidelines Regarding “Obviousness” Standard

September 2nd, 2010
Patents/IP

 

Comment:  The U.S. Patent & Trademark Office issued updated guidelines on September 1, 2010, regarding examination of patent applications under the “obviousness” standard in light of Federal Circuit decisions that have issued since the Supreme Court’s ruling in KSR Int’l Co. v. Teleflex, Inc. in 2007. The Updated Examination Guidelines provide practical and instructional examples for patent examiners to utilize when examining patent applications.

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IBM Victorious in Employee Contract Suit

September 1st, 2010
Employment

 

Commissions are an issue frequently litigated, often because there is a lack of clarity or certainty in the employer’s commission plan and/or agreement.  In this case, the Court held IBM’s commission plan letter was clear in not creating a contract for commission payments, and in reserving to IBM the discretion to adjust and/or eliminate commissions.  Note, however, that the law regarding commissions can vary significantly from state to state, and commission plans are not necessarily “one-size-fits-all” for multi-state employers.  Read full story.

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Miss. Considers $50 million Incentive for Biofuel Project

August 30th, 2010
Clean Tech/Green Energy

Comments: KiOR is different than many biofuels companies because it makes a petroleum replacement, not ethanol.  The product, which is currently produced at a demonstration plant in Texas, can be shipped in pipelines and treated in existing refineries to make gasoline or diesel equivalents.

KiOR uses a priority catalyst in a fluid catalytic cracking process to convert woodchips, agricultural residue or other biomass into a petroleum substitute.   This process creates gasses that can be burned to make electricity to power the equipment. The company, which is backed by Khosla Ventures, raised $110 million to scale up its operation. Read article.

 
Editor:

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Easy To Do, Frequently Missed: Limiting Your Liability for Online Content

It is a fact of life that companies frequently write their own terms of use and privacy policies rather than using an attorney.  Time and money are always short, and these things would seem easy to do.  After all, plenty of websites have examples that other lawyers have pored over.  Why not just adapt that work?  Here’s one thing you may miss. 

Many website terms of use have a reference to what happens when your site ends up displaying someone else’s copyrighted work.  The terms of use have a section that gives a name, address and contact information where notices of

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