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Supreme Court to Reconsider Patent Exhaustion
May a patent owner sue its own licensee's customers when those customers purchase essential components that have no reasonable non-infringing use from the licensee, and then combine those components with others to form a patented product? The answer may be decided by the Supreme Court in Quanta Computer, Inc. v. LG Electronics, Inc., U.S., No. 06-937, cert. granted Sept. 25, 2007.
Under the doctrine of Patent Exhaustion, an unconditional sale of a patented product by the patent owner exhausts the owner's patent rights to the product, and the purchaser may then use or resell the product free and clear of those rights. However, the applicability of the doctrine is unclear when a patent owner attempts to retain certain rights, e.g., by requiring its licensee to condition its sales. After requesting and obtaining an amicus curiae brief from the Solicitor General, the Supreme Court granted Quanta Computer, Inc.'s ('Quanta') petition for certiorari and will address the issue this term.
Background
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.