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The Strategy Toolbox
Researchers and technology managers may not deal with IP every day like IP professionals do, but they are still exposed to all sorts of patent strategy tools, especially when they are attempting to develop a patent strategy for a business. The advertisements for these tools typically imply that life would be so much simpler if only they used the vendor's latest and greatest tool. Many of these tools are very useful; however, most tools also have limitations. Having a framework from which to evaluate these tools is therefore helpful to researchers and managers.
To help develop strategies, there are tools such as books on patent strategy, Web sites and computer software, and obviously, newsletters such as this one. The usefulness of these tools varies widely, based on the experience of the person using the tool and what “job” the person is trying to accomplish. For example, many books are written for the novice independent inventor and are therefore written on a very basic level, the concept of strategy being primarily how to obtain an enforceable patent. On the other hand, many newsletter articles are written for IP professionals and contain much more advanced advice. This advice may be excellent, but also may be too narrowly focused, such as covering some legal exception or nuance, to be incorporated into a broad patent strategy for a particular business.
The question then is how can these tools, supposedly all devoted to patent strategy, be organized so that researchers or managers can decide if the tools will be useful in developing an overall patent strategy for their business? Obviously, to construct the correct strategy, appropriate tools are needed. It is useful, therefore, to think about putting the tools that are the most needed into a “Strategy Toolbox.” Just like an amateur woodworker and a master carpenter may have some of the same tools, two different businesses may use some of the same strategy tools when obtaining their IP. However, just like the master carpenter has additional tools for use in specialized situations, one business may find the need for more complicated or sophisticated strategy tools in its toolbox.
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?