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A License By Any Other Name: When Is an Exclusive License Not an Exclusive License?
Section 261 of the Patent Act (35 U.S.C. '261) contemplates that a patent may be assigned as opposed to licensed. But often the two cannot be so easily distinguished. In practice, the difference between a grant of rights in a patent qualifying as an assignment, an exclusive license or a nonexclusive license often turns on the patentee's granting or withholding of a single right. Yet very different consequences flow from each of those designations.
For example, an assignee of a patent can bring suit in its own name to enforce the patent against infringers. An exclusive licensee may also bring suit to enforce the patent, but must join the patentee as a plaintiff (the only exception being when the exclusive licensee is suing the patentee). An assignee has the right to seek reissue of the patent and to disclaim the patent under 35 U.S.C. '253, while an exclusive licensee does not. A nonexclusive licensee, however, has only a bare right not to be sued, and since it has no expectation of exclusivity, has no right to commence suit against infringers.
This article examines the criteria that the Court of Appeals for the Federal Circuit has used to classify a grant of patent rights. One common thread that emerges from the case law is that in making such a determination, the court routinely looks beyond the label that the patentee has used to identify the grant, in favor of the substance of the rights that the patentee has granted or withheld in the agreement.
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.
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?
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.