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IP News
Patent Co-Owners Cannot Be Involuntarily Joined as Parties
On June 6, 2014, a panel of the Federal Circuit, made up of Judges Newman, Rader, and Dyk, issued a divided opinion in STC.UNM v. Intel Corp., Case No. 2013-1241. The opinion was authored by Judge Rader. In it, the Federal Circuit affirmed the District Court of New Mexico's dismissal of STC.UNM's (STC) patent infringement suit for lack of standing because non-party Sandia Corp., a co-owner of the patent, had not voluntarily joined as co-plaintiff. Judge Newman authored a dissent.
STC, a non-profit arm of the University of Mexico (UNM), was assigned UNM's interests in U.S. Patent No. 5,705,321 (the '321 patent) in 2002 and U.S. Patent No. 6,042,998 (the '998 patent) in 2007. STC co-owned the '321 patent with Sandia Corp., and STC owned the '998 patent outright. During the prosecution of the '998 patent, a terminal disclaimer was filed stating that the '998 patent would only be enforceable during the period in which the '321 and '998 patents were commonly owned.
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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?