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Buyer Beware: When 'All Rights' Doesn't Mean What You Think
When drafting an assignment or litigating a case for a client who owns a patent by way of an assignment, many lawyers assume that an assignment giving the assignee 'all rights, title, and interest' allows the client to completely step into the shoes of the assignor. A patent assignment that purports to convey 'all rights' of the assignor, however, does not convey the right to sue for past infringement without an express provision granting the assignee this right.
Even though this rule is well established in case law since the 1860s, treatises and form books do not handle the rule consistently, and the unwary lawyer may discover later that a client does not have the right to sue for infringement that occurred before the assignment. Sometimes the discovery comes too late to repair the problem. The consequences for failing to heed this rule are particularly harsh for plaintiffs, who possibly face having their cases dismissed with prejudice. This article addresses the application of the 'prior infringement' rule in case law and the factors patent lawyers should take into account when drafting assignments and before initiating litigation.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
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?
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?
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.