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Supreme Court Broadly Interprets Safe Harbor Provision of Hatch-Waxman Act
On June 13, 2005, the Supreme Court issued its decision in Merck KGaA v. Integra Lifesciences I, Ltd., 545 U.S. ___, 2005 WL 1383624 (2005), a case involving the “safe harbor” provision of the Hatch-Waxman Act, 35 U.S.C. '271(e)(1).
At the trial level, a jury found that Merck had infringed Integra's patents by performing animal trials with a potential new cancer therapy. The U.S. District Court for the Southern District of California ruled that Merck's research was not protected by the safe harbor provision of 35 U.S.C. '271(e)(1). The Federal Circuit affirmed the district court's opinion, pointing to the fact that Merck's experiments did not provide information for submission to the FDA.
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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
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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?