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Supreme Court Limits Patent Liability for Component Makers in Global Supply Chain
In a decision that should please American manufacturers that feed into the global supply chain, the U.S. Supreme Court has narrowly interpreted a 33-year-old law that imposes patent liability on components made in the U.S. for assembly overseas.
A unanimous Court reversed the U.S. Court of Appeals for the Federal Circuit, ruling that shipping a single component cannot trigger a provision of Section 271(f) of the Patent Act which applies to “all or a substantial portion of the components of a patented invention” that are combined abroad.
The decision on February 22 in Life Technologies v. Promega, No. 14-1538, wipes out a $52 million jury verdict for Promega Corp. endorsed by the Federal Circuit. The appellate court had ruled that the taq polymerase supplied by Life Technologies Inc. for DNA profiling kits assembled abroad met the “substantial” requirement because taq polymerase is the main component of the kits. See, Promega v. Life Technologies, Nos. 2013-1011, 1029, 1376 (Fed. Cir. Dec. 15, 2014).
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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?