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Foreign Patent Disputes Are Off-Limits For U.S. Courts
The U.S. Court of Appeals for the Federal Circuit ('the Federal Circuit' or 'the court') recently addressed the jurisdictional reach of U.S. courts to adjudicate patent disputes involving foreign patents. In Voda v. Cordis, 476 F.3d 887 (Fed. Cir. 2007), a split panel held that even if the district court had the authority to exercise supplemental jurisdiction over the foreign patent claims, the district court abused its discretion by exercising that authority. The court's opinion rests largely on comity and judicial economy considerations.
Background
Dr. Jan Voda holds U.S. and foreign counterpart patents related to catheters for use in interventional cardiology. In 2003, Voda sued Cordis, a medical device company owned by Johnson & Johnson, in the U.S. District Court for the Western District of Oklahoma, alleging infringement of three U.S. patents by Cordis' XB catheters. Subsequently, Voda moved to amend his complaint to include claims that Cordis also infringed Voda's European, British, Canadian, French, and German patents by selling the same XB catheters in those foreign jurisdictions.
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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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.