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Federal Circuit: Judicial Correction Appropriate Where Correction Is Not Subject to Reasonable Debate
On June 3, 2022, a Federal Circuit panel of Judges Lourie, Prost, and Chen issued a unanimous opinion, authored by Judge Prost, in Pavo Solutions LLC v. Kingston Technology Company, Inc., Case No. 2021-1834. The panel affirmed the Central District of California's finding that Kingston willfully infringed certain claims of U.S. Patent No. 6,926,544 (the '544 patent) and enhancement of 50% of the $7.5 million compensatory damages award. Slip Op. at 2.
In 2014, CATR Co. (CATR), later substituted by Pavo Solutions, LLC ("Pavo"), sued Kingston for infringement of the '544 patent. Id. Kingston subsequently sought inter partes review ("IPR") of the patent. Id. at 4. The '544 patent claims that survived IPR remained at issue in the district court litigation. Id. at 4–5.
The '544 patent is directed generally to a "flash memory apparatus having a single body type rotary cover." Id. at 2. Unlike prior-art covers used to protect USB ports that were separable from the flash memory apparatus, the patented cover "is not completely separated from the main body during use." Id.
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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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.