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Patent Enforcement Delay Now May Be Fatal Error
The Lemelson patent era may finally be over. In a decision issued on Jan. 23, a Nevada federal court ruled that a number of patents invented by Jerome H. Lemelson were invalid and unenforceable.
Jerome Lemelson, who died in 1997, was a prolific inventor, second only to Thomas Edison (and Lemelson still has patents pending at the Patent Office). A number of the Lemelson patents, though, are what are called “submarine” patents, patents that a patentee keeps in the application phase for years by filing continuation applications, amending claims over time to more closely describe evolving technology, and allowing the patent to finally issue after the technology has matured and the patent rights will be more lucrative. Since patent applications used to be kept secret indefinitely, there was also no way of knowing whether a patent application had been filed until the patent was actually issued, so there was also no way to avoid infringement.
Lemelson's particular field was bar codes and machine vision. In the case of the Nevada suit, the patents issued between 18 and 39 years after the filing of the original application. Over the years, the Lemelson Foundation has collected $1.5 billion in licensing fees from almost a thousand licensees, who found it less expensive to pay a fee than engage in expensive litigation to challenge the validity of the patents.
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?