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Federal Circuit Requires Courts to Decide Question of Who is Bound to Arbitrate
In Microchip Tech., Inc. v. U.S. Philips Corp., 367 F.3d 1350 (Fed. Cir. 2004), the Federal Circuit held that the issue of whether two parties agreed to arbitrate is an issue for the court ' not an arbitrator ' to decide. In so doing, the court rejected Ninth Circuit authority stating that an arbitrator could decide the issue.
The case began when Microchip sought a declaratory judgment for non-infringement of several patents owned by Philips. Microchip argued that it was a successor to a license agreement that conveyed rights to practice the Philips patents. Philips disagreed and commenced an arbitration proceeding against Microchip to resolve the issue of successorship of the license. Microchip refused to arbitrate, stating that it had not been a party to the license agreement, and thus was not bound to arbitrate.
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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?