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Resolving U.S. Patent Disputes Outside of the U.S.
Patents, by their very nature, are territorial, granting a right to exclude in the country that issues them. Thus, a patentee seeking to enforce its U.S. Patent must do so in a federal district court or, if goods are being imported into the country, at the International Trade Commission ('ITC').
However, consider the following scenario: A Licensor and a Licensee enter an agreement whereby Licensor grants Licensee a license to intellectual property rights that include U.S. Patents. The agreement contains either 1) a forum selection clause selecting the courts of some country other than the United States or 2) an arbitration clause mandating the resolution of the dispute in foreign arbitration.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.