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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.
What happens when the Licensee fails to pay the royalties specified in the license and the Licensor sues for breach? Suppose the Licensee counters that it does not owe the royalties sought by the Licensor because none of its activities fall within the scope of claims. Further suppose that the Licensee claims that the patents are invalid. This typical breach of license agreement scenario may require the construction of the claims in the patent, an infringement assessment, and an invalidity assessment.
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.
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?
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.