Monthly Archives: December 2012

Clickthrough Agreements are Contracts, Browsewraps are not

On 27 September 2012, the U.S. District Court for the District of Nevada issued its opinion that an arbitration clause within the terms of use (TOU) of the Zappos.com website was unenforceable given that users were neither provided with notice of the agreement nor were obligated to affirmatively assent to the agreement.  In re Zappos.com, […]

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Patent File History Can Serve as Prior Art

Bruckelmyer v. Ground Heaters, Inc., 445 F. 3d 1374 (Fed. Cir. 2006) illustrates the meaning of “publicly accessible” in relation to prior art publications for purposes of invalidating patents and rejecting claims of patent applications under 35 U.S.C. 102(b). After being sued by Bruckelmyer, defendant Ground Heaters filed a motion for summary judgment of invalidity of […]

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