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A Covenant Not to Sue: The Best Option for Bringing Patent Litigation to a Quick End
The patentee usually thinks its case looks pretty good when patent litigation begins. Discovery can change the patentee's outlook. A new prior art reference may create unanticipated invalidity issues. The accused infringer's product may not be what was expected, and infringement becomes questionable. The amount of recoverable damages may be less than expected and may not exceed the patentee's anticipated legal fees and expenses. In all these circumstances, and more, the patentee may want to end the litigation before judgment.
Settlement is an option, but the accused infringer is not always willing to settle or settle on terms acceptable to the patentee. The accused infringer may have invested heavily in its claim for a declaration judgment of invalidity or unenforceability and may demand its fees and expenses. If there is a pending summary judgment motion or trial is about to begin, the patentee may want to act quickly. The settlement negotiations may take too long. A covenant not to sue the alleged infringer for infringement of the patent can be the patentee's best option. The covenant strips the court of its jurisdiction to hear the case and abruptly ends the litigation, usually without any requirement that the patentee pay the accused infringer's fees or explain its reasons.
Eliminate the Case or Controversy
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.
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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.