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To Pay or Not to Pay: Supreme Court to Consider Whether Patent Licensee in Good Standing May Challenge Patent Validity
Should a patent licensee who fully complies with the terms of its license be precluded from bringing a declaratory judgment action against the patent owner in order to challenge the validity of the patent? On Feb. 21, 2006, the Supreme Court granted certiorari in MedImmune, Inc. v. Genentech, Inc., 126 S. Ct. 1329 (2006), to consider this precise question.
Background
A patent license is an arrangement where an owner agrees to forego at least a portion of its exclusionary rights in exchange for remuneration from the licensee. Importantly, the license is oftentimes regarded as a covenant not to sue, precluding the patentee from suing for infringement and simultaneously precluding the licensee from suing for invalidity of the patent.
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.
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.
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?