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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.
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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?