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Prior Art Combinations Cannot Substantially Reconstruct the Primary Reference ?Çô But POSITAs Are Not Limited to Physically Combinable References

Prior Art Combinations Cannot Substantially Reconstruct the Primary Reference ?Çô But POSITAs Are Not Limited to Physically Combinable References

In University of Maryland Biotech Institute v. Presens Precision Sensing, Nos. 2016-2745, 2017-1057 (Nov. 3, 2017) (nonprecedential) (?Ç£UMBI?Ç¥), the Federal Circuit affirmed the USPTO Patent Trial and Appeal Board?ÇÖs (?Ç£PTAB?Ç¥) inter partes reexamination decision that found U.S. Patent No. 6,673,532 (?Ç£the ?ÇÖ532 patent?Ç¥) invalid as obvious over two prior art references. The Federal Circuit?ÇÖs decision highlighted that, while ?Ç£a person of ordinary skill generally would not be motivated to modify a reference by contradicting its basic teachings [or] by making it inoperable for its intended purpose,?Ç¥ portions or elements of a secondary reference may be combined with and adapted to the particular physical arrangement of a primary reference even if the secondary reference discloses a different or incompatible physical arrangement.?á Id. at 6 (citations omitted). Background The University of Maryland Biotechnology Institute (?Ç£UMBI?Ç¥) owns the ?ÇÖ532 patent, which is directed to methods for measuring and optimizing the parameters of in… Continue Reading

Employee Compensation and Benefits Changes Under the Tax Cuts and Jobs Act

The following post is a general summary of the changes to the Internal Revenue Code made by the recently enacted Tax Cuts and Jobs Act (the ?Ç£Act?Ç¥) that affect employee compensation and benefits: Executive Compensation Updates Loss of Deduction for Compensation in Excess of $1 Million Currently, Section 162(m) of the Internal Revenue Code limits the ability of publicly held corporations to deduct annual compensation paid to a ?Ç£covered employee?Ç¥ in excess of $1 million, with an exception to this limit for certain performance-based compensation. Beginning on and after January 1, 2018, the Act amends Code Section 162(m) to eliminate the exception for ?Ç£qualified performance-based compensation?Ç¥ (which includes stock options, stock appreciation rights, and compensation paid upon the attainment of pre-established performance goals) and commissions. There is limited grandfathering relief available under the Act that preserves the deductibility of existing arrangements that pay out after 2017, provided the ?Ç£written binding… Continue Reading

December 2017
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