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ITC Proves Useful Resource for Life Science Firms
The U.S. International Trade Commission (ITC)'s power to seal the country's borders against importation of products covered by U.S. patents makes this federal agency a powerful resource for patent holders. Still, many life sciences companies doing business in this country fail to utilize this quasi-judicial body to protect their pharmaceuticals, medical devices and other patented products.
The ITC's authority to protect companies active in the United States from unfair competition from abroad comes from '337 of the Tariff Act of 1930. To proceed under '337, there must be a 'domestic industry,' importation and an unfair method of competition or unfair act, such as patent infringement. Relief is even possible when imported products are not protected by patents, if they are made abroad through the use of patented processes.
Most ITC cases are completed in about a year, two to three times faster than cases tried in court. Moreover, the ITC's jurisdiction is based on imported articles, rather than personal jurisdiction over the infringer. As a result, the ITC and the U.S. Customs Service can prevent the continued importation of an infringing product even if its foreign manufacturer or distributor cannot be identified or subjected to the jurisdiction of the U.S. courts. By itself, '337 can yield as much relief as many companies need and can also be used in conjunction with court litigation.
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.
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.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?