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Contracts for Future Patent Rights: Israel Bio-Engineering Project v. Amgen
In Israel Bio-Engineering Project v. Amgen, Inc., 475 F.3d 1256 (Fed. Cir. 2007), the Federal Circuit addressed whether a plaintiff had independent standing to sue on a single patent claim, where the patent-in-suit contained two additional claims directed to subject matter that was discovered in part by a co-inventor who had not assigned his ownership rights in the patent to the plaintiff.
Background
Yeda Research and Develop- ment Company ('Yeda') and Inter-Pharm, both Israeli companies, formed Inter-Yeda Ltd. as a joint venture in 1979 to fund and commercialize the results of research projects. In 1981, Yeda and Inter-Yeda entered into an agreement whereby Inter-Yeda would finance four research projects over the course of five years. In 1982, Inter-Yeda negotiated two agreements with Israel Bio-Engineering Project ('IBEP'), a New York limited partnership, to fund the four projects. These contracts, which provided that they were to be construed according to Israeli law, were signed on Dec. 30, 1982 and remained in force until their expiration on Dec. 27, 1987.
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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 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?