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Federal Circuit Holds that Importing Data is Not Patent Infringement
It is no secret that more than a few biotech and pharmaceutical companies perform drug discovery offshore and then import the results. Holders of U.S. patents on drug discovery tools (such as molecular screening methods) have wondered for years whether data or drugs resulting from such activities constitute a “product made” under The Process Patent Amendments Act of 1988 (the “Act”). The Court of Appeals for the Federal Circuit (“Federal Circuit”) ' in a setback to the U.S. drug discovery industry ' has now held that they do not. See Bayer AG v. Housey Pharm., Inc., 340 F.3d 1367 (Fed. Cir. 2003).
The Act
The Act was passed to protect owners of U.S. process patents. Under the Act, importing, using, selling, or offering for sale in this country a product that was made abroad by a process protected by a U.S. patent constitutes infringement of that patent. 35 U.S.C. '271(g). The legislative history gives examples of products covered by the statute, but was silent as to whether data should constitute a product made by a patented process. See, e.g., M. Patricia Thayer et al., Enforcing U.S. Method Patents: How Much Protection Does 35 U.S.C. Section 271(g) Really Provide?, The Third Annual Sedona Conference on Patent Litigation, November 7-8, 2002 at 3.
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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?