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In Agfa Corp. v. Creo Prods. Inc., 451 F.3d 1366 (Fed. Cir. 2006), a non-unanimous panel of the Court of Appeals for the Federal Circuit ('CAFC') issued an opinion affirming a district court's decision to conduct a bench trial on the defense of inequitable conduct, in spite of the patentee's request for a jury trial, prior to holding a jury trial on patent infringement, patent invalidity, and all other issues in the case. The dissenting member of the panel disagreed with the majority's decision that the patentee in this case did not have a right to a jury trial on the issue of inequitable conduct and suggested that the CAFC majority opinion in Agfa changed precedent established in a prior decision. In deciding Agfa, the majority analyzed the CAFC's decision in Gardco Mfg. v. Herst Lighting Co., 820 F.2d 1209 (Fed. Cir. 1987) and determined that it applied to the case in Agfa. The majority also distinguished the CAFC decision in In re Lockwood, 50 F.3d 966 (Fed. Cir. 1995), vacated, 515 U.S. 1182 (1995), as inapplicable to the equitable issue in question in Agfa. Conversely, the dissenting panel member argued that the CAFC's decision in Lockwood was indeed applicable to the issues in Agfa. This article reviews the above cases with the goal of determining if the CAFC decision in Agfa is indeed a departure from its previous jurisprudence concerning a patentee's right to a jury trial on the issue of equitable conduct.
Gardco Mfg. v. Herst Lighting Co.
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.
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.
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.
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."