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Eolas Pursues Injunction on Microsoft Explorer
In a follow-up move from its $521 million infringement award, Eolas Technologies has moved to prevent Microsoft from selling any version of its Windows operating system with the infringing Internet Explorer (IE) browser. In August, a jury found that the IE browser infringed a patent licensed to Eolas from the University of California because of the way the browser opened and accessed external applications known as “plug-ins.” Microsoft filed motions to set aside the verdict and grant a new trial based on the unusual size of the award and its inability to present evidence of earlier invention to the jury. Microsoft has also created a new version of the IE browser, which it claims does not infringe the patent. Microsoft indicated that the new version may require an extra click or two, but would not fundamentally change the browser. Eolas has stated that it would set aside the jury verdict in exchange for a paid up license with interest, but Microsoft has continued its work-around strategy with the new designs and its appeals. Other companies, such as Apple Computer, Sun Microsystems, and Macromedia have offered to help Microsoft appeal the verdict.
Supreme Court Denies Certiorari on Rambus Case
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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.