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How to Avoid BlackBerry Brinkmanship: Patent Re-examination Practice As a Parallel Track to Defend Patent Litigation
In NTP Inc. v. Research In Motion Ltd., 270 F. Supp. 2d 751 (E.D. Va. 2003), the jury found that Research in Motion's ('RIM's') BlackBerry' e-mail system infringes several valid claims of NTP's patents in suit. RIM did not request re-examination of the patents in the U.S. Patent and Trademark Office ('USPTO') until after the jury verdict was entered, and after the Director of the USPTO himself started re-examinations of five relevant patents. After the jury had finished and the USPTO had acted alone, RIM filed 14 additional re-examination requests. Several requests were filed for each relevant patent.
While all those re-examinations were pending, the Federal Circuit affirmed that some of the relevant patents were valid and infringed. NTP Inc. v. Research In Motion Ltd., 418 F.3d 1282, 1290-1291 (Fed. Cir. 2005). The Supreme Court denied certiorari, thus ending the litigation except for the decision on what relief to grant NTP. Finally, when RIM was on the brink of being enjoined, even though the re-examinations had led to several final rejections, it settled with NTP in March of this year to save its business from the disruption that would likely attend the injunction. Re-examinations, however, cannot be settled, so the RIM re-examinations are proceeding today. If NTP is unable to save its pertinent patent claims they ultimately will be canceled, even though the courts did not find them invalid. Future cancellation of claims will not help RIM, however, as it has already paid the full price of its license.
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.
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.
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.
Transfer Tax Implications on Real Property Leases
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
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."