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Federal Circuit Throws Out District Court's Test for “Place of Business” for Purposes of Determining Venue in Patent Cases
On Sept. 21, 2017, a Federal Circuit panel of Judges Lourie, Reyna and Stoll issued a unanimous opinion, authored by Judge Lourie, in In re: Cray Inc., Case Nos. 2017-129. The panel granted Cray's petition for a writ of mandamus, holding that the district court abused its discretion by refusing to transfer a patent suit against Cray Inc. to another court.
Raytheon Co. brought suit in the Eastern District of Texas, accusing Cray of infringing patents covering supercomputers used in scientific research. Cray is a Washington incorporation with its principal place of business located there. Although Cray has no sales offices or manufacturing facilities in the Eastern District of Texas, it allowed a sales executive to work remotely from his home in that district. U.S. District Judge Rodney Gilstrap ruled that this was enough to establish that Cray had a place of business in the district.
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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.
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?