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Federal Circuit Vacated The Denial of an Injunction Because a Causal Nexus for Multi-Feature Products Only Requires a Feature to be 'A Driver' of Demand
On July 10, 2017, a Federal Circuit panel of Judges Lourie, Taranto, and Chen issued a unanimous decision, authored by Judge Taranto, in Genband US LLC v. Metaswitch Networks Corp., Case No. 2017-1148. The panel vacated the denial of an injunction by the United States District Court for the Eastern District of Texas in No. 2:14-cv-00033-JRG and remanded to consider whether there was an independent ground for otherwise denying an injunction.
Genband US LLC (“Genband”) sells products and services to telecommunications companies that assist with “voice over IP” services. Metaswitch Networks Corp. and Metaswitch Network Ltd. (together, “Metaswitch”) competes with Genband's offerings. In 2014, Genband asserted several U.S. patents against Metaswitch, which was growing as a competitor. In 2016, a jury awarded $8,168,400 in damages to Genband after it found that Metaswitch infringed all asserted claims, and that those claims were not invalid. In a subsequent bench trial, the district court denied Genband's request for a permanent injunction because it found that Genband would not suffer irreparable harm from Metaswitch's continued infringement.
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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
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Legal Possession: What Does It Mean?
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The Anti-Assignment Override Provisions
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