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Is Your Process Patent Being Circumvented? Housey Forces Another Look at Section 271 Protections for Information-Producing Patented Processes
Patents containing process claims, especially those where the result of the process is information, such as some research method, business method or software, Internet or telephone-based process patents, may be among the most valuable elements of a portfolio. If used defensively, such patents may provide a competitive advantage to the owner or prevent competitors from entering into a key line of business. If used offensively, these patents offer licensing opportunities on transactions that may occur millions of times per year. Potential licensees that wish to practice the patented processes described above, however, may choose a course other than licensing – practicing the process abroad and sending the resulting information back into the United States. The recent case of Bayer AG v. Housey Pharmaceuticals, Inc., No. 02-1598, slip op. (Fed. Cir. Aug. 22, 2003), construing 35 U.S.C. '271(g), may make it more difficult to enforce these process patents with respect to such outsourcing and importing activities.
Housey's 'Physical' Limitation
In Housey, the Federal Circuit held that '271(g), which imposes infringement liability for certain products imported into the United States that are made abroad by processes patented in the United States, is “limited to physical goods that were manufactured and does not include information generated by a patented process. …” This development is the latest step in the evolution of 35 U.S.C. '271, the section of the Patent Act that identifies who is a patent infringer. Since the inception of '271, parties have identified and exploited gaps in this provision, weakening the protection of patent owners. In response, Congress passed laws, such as the Patent Law Amendments Act of 1984 and the Process Patent Amendments Act (PPAA) of 1988, which added '271(f) and '271(g), respectively, to close these loopholes. After Housey, however, legislative action may again be necessary ' this time to protect information-based process patent claims.
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?
The Cost of Making Partner
Making partner isn't cheap, and the cost is more than just the years of hard work and stress that associates put in as they reach for the brass ring.