KSR International Co. v. Teleflex, Inc – Obvious non-obviousness? Read more

KSR International Co. v. Teleflex, Inc – Obvious non-obviousness?

Teleflex International Co. held a patent titled “Adjustable Pedal Assembly With Electronic Throttle Control.”  One of the claims of the patent describes a mechanism where an electronic sensor is combined with an adjustable pedal to control the throttle in an automobile.  KSR International Co. added an electronic sensor to its previous automobile pedal design and Teleflex obviously sued for patent infringement. 

The District Court dismissed the case, holding that the claim contained in Teleflex’s patent was obvious.  The Federal Circuit reversed, applying its “Teaching, Suggestion, Motivation” test.  Under this test, the combination of existing processes to create new processes is not obvious when there is no prior …

Site Pro-1 Inc. v. Better Metal LLC: a better approach for deciding trademark infringement claims resulting from competitive metatag usage and keyword advertising? Read more

Site Pro-1 Inc. v. Better Metal LLC: a better approach for deciding trademark infringement claims resulting from competitive metatag usage and keyword advertising?

This was a trademark infringement lawsuit filed by Site Pro-1, Inc, the owner of the registered trademark SITE PRO 1®, against Better Metal, LLC. Better Metal is a competitor of Site Pro-1. Better Metal purchased a “sponsored search” from Yahoo! that caused its website to be included among the results listed when a Yahoo! search user searched for some combination of the terms “1”, “pro”, and “Site.” The SITE PRO 1® mark was not displayed in the sponsored search result linking to Better Metal’s website. The Court stated:

Email privacy at work: Your employer can lie to you about reading your emails… and then fire you for relying on these lies! Read more

Email privacy at work: Your employer can lie to you about reading your emails… and then fire you for relying on these lies!

Most employees probably know that the emails sent from their work email accounts are probably being monitored.  However, what if your employer repeatedly assures you that all e-mail communications would remain confidential and privileged?  What if your employer further tells you that e-mail communications could not be intercepted and used by against you as grounds for termination or reprimand?  Can your employer still intercept your emails, read them, and then fire you for the contents…?  YOU BET!!

In Smyth …