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In re EchoStar Communications: Implications for Opinion Practice in Patent Cases
The Court of Appeals for the Federal Circuit finally has opined on the scope of waiver of privilege in patent infringement litigation when an accused infringer relies on an attorney opinion to defend against a charge of willful infringement. In re EchoStar Commc'ns Corp., 2006 U.S. App. LEXIS 11162 (Fed. Cir., May 1, 2006).
Opinions, Willful Infringement, and Attorney-Client Privilege
Patent owners accuse infringers of willful infringement because, if willfulness can be proved, the infringement case may be deemed 'exceptional' and the court may increase a damages award (by a factor of up to three) and also may grant attorneys' fees to the patent owner. 35 U.S.C. '285. Analyzing willful infringement necessarily implies that there is infringement.
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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?