Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Patent Reform Is Coming, but Not From Congress
The case is all too familiar. A Texas LLC, founded just a few months ago, sues 10 ' or 20, or 30 ' defendants for patent infringement at the same time. Lay the complaints side-by-side and they are virtually identical, with perhaps only the defendant's name changed. They also contain the barest of allegations: that the plaintiff owns the patent, that one or more of the defendant's products infringe the patent and that the plaintiff has suffered damages.
Often, the connections between the patent and the products are so tenuous that defendants are left scratching their heads about how they possibly could have infringed. In other cases it's clear that the plaintiff is a nonpracticing entity, known more notoriously as a patent troll.
It's well established that the number of lawsuits filed by patent trolls in the last decade has increased dramatically, from fewer than 150 in 2001 to more than 2,900 in 2012. This increase comes at considerable expense to defendants of all stripes. But as widely reviled as this trend may be among operating companies that often find themselves as defendants in patent troll litigation, legislation that would curb this practice has made little progress. In fact, patent reform passed the House of Representatives in 2013, but appears to have stalled in the Senate, with no clear prognosis for its revival. See, “Patent Reform Group Streamlines Lobbying Efforts,” Corporate Counsel.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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?