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Small Entity Status: Potential Pitfalls and Curative Measures
In 1980, Congress amended the patent code to require patent owners to pay periodic maintenance fees in order to keep their patents in force. In response to concerns about the financial impact on individual inventors and small businesses, a 'small entity' category was added to the law to permit certain individuals, nonprofit organizations, and small businesses to pay half of most normal U.S. Patent and Trademark Office ('PTO') fees.
However, under the governing small entity regulations, when a small entity licenses or transfers some or all of its rights in the patent to an entity that does not qualify for small entity status, the patent is no longer subject to the small entity discount, and full non-discounted fees must be paid. Unfortunately, this change in status is not always recognized, leading to the erroneous payment of issue or maintenance fees at the discounted rate. Can such an erroneous payment support a defense in a patent infringement suit, such as inequitable conduct, patent expiration for failure to pay the proper fees, or intervening rights? These and other issues are addressed below.
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.
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.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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?