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Unreasonable Delay Results in Holding that Lemelson Patents are Unenforceable
In Symbol Techs, Inc. v. Lemelson Med. Educ., 2004 U.S. Dist. LEXIS 1499 (D. Nev. 2004), the district court held that Lemelson's patents were unenforceable due to prosecution laches, where a patentee's right to claims can be forfeited if issued after an unreasonable delay in prosecution. The forfeit is possible even if a patentee complies with all of the statutes and rules. Patents invented by the late Jerome Lemelson are notorious for their length of prosecution time. In fact, Lemelson holds the top 13 positions for the longest patent prosecution time. The Lemelson patents at issue in the Symbol case were based on two applications filed in 1954 and 1956. Through continuation applications, filing delays and other prosecution delays, ranging in some cases from 18 to 39 years, the specification in the original application was modified to encompass practices used by the public. As a result, when the patents finally issued, Lemelson claimed that most of the practices in the bar code industry that previously had been freely practiced, infringed his patents. The court held that the delays in the prosecution were prejudicial to those in the industry, unexplained and unreasonable, and held that even though no laws were broken, the patents were unenforceable.
FTC Dismisses Rambus Antitrust Suit
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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.
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?