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Standards Setting Organizations and Patents: Patent Policies Matter
For several reasons, the continuing advance of technology involves the use of standards setting organizations (“SSOs”). First, SSOs ensure that there are accepted technical standards in an industry, for example, to ensure interoperability of hardware and/or software products. Second, SSOs encourage the participation and collaboration of multiple members of the industry, thereby obtaining valuable contributions from parties who are normally highly competitive and otherwise might not work together. In addition, such standards provide a benefit to the end users (namely, the consumers of the goods or services governed by the standard) by allowing for economies of scale due to large-scale deployment of the technology covered by the standard, and thereby also helping to lower costs for new technologies.
In between the industry participants in the SSOs and the consumers, however, are the technology developers and owners. Many such developers and owners are armed with patent rights and thus have their own set of interests in the adoption of a particular technology standard, including receiving payment for licensing the patented technology covered by the standard. Even more interesting is the technology developer of an industry standard who also participates in the SSO. Recent developments in the decisions of the Court of Appeals for the Federal Circuit and the Federal Trade Commission (“FTC”) governing the relationship between patent owners and SSOs provide guidance to all parties involved in the SSO process. These decisions suggest that the standards-setting process should have clear rules regarding disclosure of patents or patent applications that may cover the standard. Failure of 1) the SSO to promulgate clear rules, 2) a SSO participant to follow the SSO rules, or 3) a SSO participant to properly understand the acts of other SSO participants during the standard development and adoption process, can result in highly undesired results, such as expensive litigation or a need to license technology covering a widely deployed standard. On the other hand, a clear understanding of the SSO rules and process should prevent standards-based surprises for all involved parties.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.