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Preconceived Opinions and IP Strategy
Preconceived opinions, or prejudice, by inventors and clients can have a significant impact on the filing of patents and the development of intellectual property (“IP”) strategy. Here we are talking about opinions that are formed without just grounds or before sufficient knowledge about a subject is obtained. This prejudice is common, ranging from the most basic tasks that IP professionals routinely handle to subtle prejudice in strategy development that goes undetected and that can permeate and derail the success of the technology development. It is useful to identify some of the types of these opinions and how IP professionals might handle them.
The 'Best Ever' Invention
The most common preconceived opinions come from inventors. For example, occasionally an IP professional must deal with an inventor who has a certain ignorance and/or arrogance about how the prior art may apply to his invention. This type of inventor may describe his invention as the “best ever” or say that “nothing remotely like this has ever been done.” If the inventor does not have sufficient basis to make these statements, after obtaining a prior art search the IP professional has the undesirable job of breaking the news to the inventor that inventions very close to, or identical to, his “best ever” invention were previously disclosed publicly. In addition, the IP professional may need to explain in detail how the prior disclosures affect the patentability of the new invention, because initially the inventor may be unable to grasp the implications of the disclosures.
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.