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Case Briefing
Court Finds 'Case or Controversy' Despite Patent Holder's Inaction
The U.S. District Court for the Northern District of Illinois, Eastern Division, denied defendant's motion to dismiss this suit as plaintiff ANDA applicant established a reasonable apprehension that it would be sued for patent infringement. Teva Pharamaceuticals USA Inc. v. Abbott Laboratories, No. 03 C 5455, 2004 U.S. Dist. LEXIS 274 (1/9/04).
Plaintiff Teva filed this action seeking a declaratory judgment that three patents held by defendant, Abbott Laboratories, were invalid and would not be infringed if Teva commercially marketed a generic version of Abbott's antibiotic BIAXIN. Abbott moved for dismissal, citing lack of subject matter jurisdiction and claiming that no justiciable case or controversy existed at the time Teva filed its suit. Teva countered that it reasonably apprehended a patent infringement suit by Abbott based on three factors: 1) Abbott commenced proceedings in Canada under the Patented Medicines (Notice of Compliance) Regulations against Novopharm, a Teva affiliate, in connection with Novopharm's attempt to obtain approval to market generic versions of BIAXIN in Canada; 2) Abbott refused to covenant that it would not enforce its patent rights against Teva; and, 3) Abbott has a history of patent enforcement against Teva concerning Teva's efforts to market generic versions of Abbott's brand name drugs. Abbott denied that these factors gave Teva any reasonable apprehension of a patent infringement suit.
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?