Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<i>In Re Seagate, LLC</i>
For 24 years, the most effective way to defend against a charge of willful infringement has been to rely on the 'advice-of-counsel' defense; i.e., to assert that you consulted with, and relied upon, a competent opinion of counsel finding that there was no infringement of any valid claim of the patent at issue. Underwater Devices, Inc. v. Morrison-Knudsen Co., 717 F.2d 1380 (Fed. Cir. 1983) (setting forth the duty-of-care standard).
The advice-of-counsel defense to willful infringement led to a harsh reality ' an accused infringer had two choices: 1) produce a written opinion and waive the attorney-client privilege and attorney work product related to the subject matter of the opinion; or 2) not produce an opinion so as not to waive the privilege and work product, but be virtually defenseless to willful infringement, because no opinion is produced. Until three years ago, the choice not to waive the privilege or to forgo an opinion also subjected an accused infringer to an adverse inference that an opinion was unfavorable. See Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp., 383 F.3d 1337 (Fed. Cir. 2004) (en banc decision rejecting the adverse inference rule). The Federal Circuit's ruling in Knorr-Bremse seemed to be an attempt to temper the harsh result of the duty-of-care standard. Interestingly, Judge Timothy B. Dyk, as the lone dissenter in Knorr-Bremse, called for eliminating the duty-of-care requirement as a factor in the willfulness and enhanced damages analysis, calling it a 'relic of the past.' Id. at 1352.
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.
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.
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.
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.