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Patent Agent Privilege Exists, But Is Limited
In In re: Queens University at Kingston, PARTEQ Research & Development Innovations , No. 2015-145 (Fed. Cir. Mar. 7, 2016), the Federal Circuit determined that there is a “patent agent privilege” that protects communications between patent agents and their clients, so long as the communications relate to the patent agent's limited authority to practice law. While this is a promising protection for patent agents and their clients, the scope of the privilege is limited and uncertain, so reliance on the privilege should be discouraged.
Case Background
Queen's University at Kingston founded PARTEQ Innovations, an organization that commercializes intellectual property generated from university research. PARTEQ's intellectual property portfolio includes three patents directed to “Attentive User Interfaces”: U.S. Patent Nos. 7,762,665; 8,096,660; and 8,322,856. These patents relate to monitoring a user's attentiveness while using a device. Such attention tracking is useful where, for example, a smartphone application wants to ensure that a user watches an advertisement in full, so that a video advertisement could pause when the user looks away from the screen and resume when the user looks at the screen again.
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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?