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Patent News
Court Denies Preliminary Injunction on Infringing Product
The U.S. District Court for the District of Maryland denied a preliminary injunction against a product, even though, the court found it to infringe in Serio-US Indus., Inc. v. Plastic Recovery Techs. Corp., 2003 U.S. Dist. LEXIS 10074 (D.Md. June 5, 2003). Serio-US held a patent on an automatic dumpster lock and wanted to enjoin Plastic Recovery from showing an allegedly infringing prototype at a trade show. The court determined that the prototype device did infringe, but stated that the defendant could rebut the presumption of irreparable harm to the patentee. Evidence showing that the movant's market share dwarfed that of the non-movant, that there were several non-infringing competitors in the market, or that monetary damages could compensate for any actual harm suffered, was provided as examples of evidence that could rebut the presumption.
The court stated that because the defendant only had a prototype and had not actually entered the market, any harm to the plaintiff could be compensated by monetary damages. The court also noted that Serio-US had a substantial share of the marketplace and that there were several non-infringing competitors. The court held that “[t]he threatened harm by this limited exposure of a device that is not in production is, in the Court's belief, an insufficient basis on which to grant preliminary injunctive relief.”
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.