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Practicing Before the Court of Federal Claims
As the single largest user of cutting-edge technology in the world, the United States, with its powers of eminent domain, is one of the world's largest infringing entities. While the U.S. government frequently uses patented technology without first obtaining a license, many patent owners are reluctant to bring suit against the government for infringement. One apparent reason for this recalcitrance is that many patent owners are unfamiliar with the court in which such actions must be brought: the Court of Federal Claims. Because bringing suit for patent infringement in the Court of Federal Claims differs from practicing in federal district court, there are several factors of which patent owners should be aware in order to successfully prosecute claims in this court.
Before You File: Jurisdiction and Standing
In bringing suit against the United States for patent infringement, patent owners must allege their jurisdictional grounds carefully. Although Court of Federal Claims practitioners might be accustomed to bringing suit under the Tucker Act per 28 U.S.C. '1491, the court's jurisdiction to hear patent suits is grounded most often in 28 U.S.C. '1498. Section 1498 provides the Court of Federal Claims exclusive jurisdiction to hear suits brought by the owner of a patent, copyright, or certificate of plant variety protection against the United States. (28 U.S.C. '1498 (a)-(d) (1988))
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.