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Recent Court Decisions Regarding Actual Notice of Patent Infringement
Consider the following hypothetical situation. Mr. Jones, an engineer with your Company XYZ, informs you that a supplier for XYZ saw a rival company's Product X, which appeared quite similar to the one currently in development at XYZ. Mr. Jones tells you that representatives of XYZ had mentioned that Product X is patented. Should you (a) disregard what Mr. Jones has told you, (b) await word from attorneys for Product X, (c) contact attorneys for Product X to discuss possible infringement issues, or (d) request a formal opinion from outside counsel?
The understanding of what constitutes notice in regard to damages for patent infringement has evolved considerably over the years. Federal statutes have been interpreted to require varying degrees of notice in determining damages for patent infringement. 35 U.S.C. '287(a) limits damages and remedies available through the requirement of either constructive or actual notice. “The purpose of actual notice is met when the recipient is notified, with sufficient specificity, that the patent holder believes that the recipient is an infringer.” SRI Int'l v. Advanced Tech. Lab, Inc., 127 F.3d 1462, 1470 (Fed. Cir. 1997). Customarily, actual notice is achieved: 1) by sending the recipient a cease and desist letter identifying a patent and a specific activity believed to be infringing, along with a proposal to remedy the situation; or 2) by the filing of a complaint. However, recent rulings by the Court of Appeals for the Federal Circuit (“CAFC”) have accepted district court findings of actual notice (eg, to support determination that infringement was willful) based on a more expansive understanding of this term. Offers of, or requests for, licenses have been considered sufficient and actual notice has been found without specific knowledge of an infringement problem. In addition, actual notice has been found even when communications were made to someone other than the alleged infringer.
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.