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Patent Reform Bills Target Patent Trolls
On Sept. 16, 2011, the America Invents Act (AIA) became effective, including provisions directed at non-practicing entities, commonly known as “patent trolls.” Many believe, however, that patent trolls are still a plague, and that more must be done to curtail abusive patent litigation. This has led to the introduction of several patent reform bills:
- “Protecting American Talent and Entrepreneurship Act” (PATENT Act) (S. 1137);
- “Innovation Act” (H.R. 9); and
- “Support Technology and Research for Our Nation's Growth Patents Act of 2015” (STRONG Patents Act) (S. 632).
While there are other more narrow bills, these cover numerous patent reform issues. This article addresses some of the more interesting provisions relevant to patent troll litigation.
Pleading Requirements And Early Disclosures
Complaints by patent trolls often provide defendants with few details about the case other than identifying a patent and alleging that the defendant is making, using, or selling an infringing product or practicing a patented method. For example, the claims asserted and the reasons behind the allegations are rarely identified.
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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?