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Court Clarifies Interference Priority Rule
In Boston Scientific Scimed, Inc. v. Medtronic Vascular, Inc., 06-1434 (Fed. Cir. Aug. 8, 2007), the Federal Circuit held that a foreign patent application may only form the basis for priority under 35 U.S.C. '119(a) if that application was filed by either the U.S. applicant himself or by someone acting on his behalf at the time the foreign application was filed.
On April 23, 1998, the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences ('Board') declared an interference between three pending applications. Initially, the Board determined that Andrew Cragg and Michael Dake ('Cragg'), who had assigned rights in one of the U.S. applications at issue to Boston Scientific Scimed, Inc., were entitled to the benefit of the filing dates of two European patent applications filed by MinTec SARL ('MinTec'). However, at the time the European applications were filed, no legal relationship existed between MinTec and Cragg, nor was MinTec acting on behalf of Cragg.
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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?