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Supreme Court Vacates Injunction in eBay Case
On May 15, 2006, the U.S. Supreme Court vacated a permanent injunction issued against eBay Inc. and remanded the case back to the district court. eBay Inc. v. MercExchange, L.L.C., 126 S. Ct. 1837 (2006). The Court rejected the general rule articulated by the Federal Circuit that permanent injunctions should issue in patent once infringement and validity have been decided, absent exceptional circumstances.
In this case, a jury found that eBay had infringed MercExhange's patents, but the district court declined to issue a permanent injunction. The district court justified its denial of MercExchange's motion for a permanent injunction arguing that 1) the public interest favored the denial in light of a growing concern over the issuance of business-method patents; 2) the defendants would attempt to design around the injunction, resulting in numerous contempt hearings to determine if changes to the defendants' systems violate the injunction; 3) MercExchange had made public statements regarding its willingness to license its patents; and 4) MercExchange had not moved for a preliminary injunction. On appeal, the Federal Circuit reversed the denial of the permanent injunction, stating that the 'general rule is that a permanent injunction will issue once infringement and validity has been adjudged.' MercExchange, L.L.C. v. eBay Inc., 401 F.3d 1323, 1338 (Fed. Cir. 2005).
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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?