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Soverain Software, the e-commerce company whose $2.5 million jury win for infringement of its “shopping cart” patents was reversed by the U.S. Court of Appeals for the Federal Circuit, failed to convince the U.S. Supreme Court to take its appeal.
Soverain had enlisted a team of top Supreme Court advocates to craft a petition for writ of certiorari, including former U.S. Solicitor General Seth Waxman (now a partner at Wilmer Cutler Pickering Hale and Dorr), Robert Sterne of Sterne, Kessler, Goldstein & Fox, as well as a team at Quinn Emanuel Urquhart & Sullivan. See the petition at http://bit.ly/LS0q8t. But the High Court announced on Jan. 10 that it would not review the case.
Soverain's lawyers had argued that the Federal Circuit had overreached and violated the Seventh Amendment when it invalidated the company's patents and took away a $2.5 million jury win against Newegg Inc.
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 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.
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.
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.
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?