Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Participation in Standard-Setting Organizations
Some patent-owning companies choose to participate in standard-setting organizations (SSOs), such as the IEEE, IETF and ANSI. They do so for a variety of business reasons, including the opportunity to monitor industry trends and to influence technological advancement. However, the business advantages of participation must be balanced against its potential legal consequences to the company's IP rights. Accidental or premature disclosure, failure to disclose, and licensing and enforcement practices can lead to loss of patent and trade secret rights, equitable defenses for infringers, and antitrust concerns. The current litigation between Rambus and Infineon provides a cautionary tale for both SSOs and member companies of what can happen if a company participates in an SSO whose IP patent policy is not clearly defined. See, e.g., Rambus, Inc. v. Infineon Technologies AG, 164 F. Supp. 2d 743 (E.D. Va. 2001), aff'd in part, rev'd in part, and vacated in part, 318 Fed. 3d 1081 (Federal Circuit 2003). In order to avoid such losses, companies need to investigate the IP policies of the SSOs to which they belong and carefully assess and monitor their compliance with those policies.
Investigating SSO Policies
Step 1: Identify the SSOs to which your company belongs. Perform an audit and discuss with technical personnel whether your company participates in SSOs or consortia.
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.
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.
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.
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?