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Firms Seek Successful Patent (Non) Litigation
For emerging technology companies, a product that produces revenues is the lifeblood and should be protected at all costs. But when it comes to patent litigation, all but the largest technology companies should avoid the mind-set that they are suing to a conclusion, as either plaintiff or defendant. The objective is to make a reasonable intellectual property deal, sooner rather than later, and focus on competition in the marketplace ' not the courtroom.
Patent litigation is a bloody battle and carries a high incidence of corporate morbidity. Litigants are frequently surprised, if not shocked, by the cost and extent of patent litigation. In Connecticut, litigation of a single patent is likely to cost in excess of $2 million and typically lasts more than 2 years. Beyond the cost and extent, patent litigation is risky.
The metes and bounds of patent rights lie in the claims. In 1996, the U.S. Supreme Court ruled that patent claim construction was a matter of law in Markman v. Westview Instruments, Inc. Implicitly, the Markman decision was an invitation for district courts to hold hearings (“Markman hearings”) to construe the meaning of claims in suit. Determinations made in Markman hearings in federal district courts throughout the United States are reviewed by a single patent appeals court, the Court of Appeals for the Federal Circuit (CAFC).
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.
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?