Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Federal Circuit Clarifies Standard for Direct Patent Infringement Involving Multiple Parties
On Sept. 20, 2007, the Court of Appeals for the Federal Circuit in BMC Resources, Inc. v. Paymentech, L.P., Civ. No. 2006-1503 (Fed. Cir. Sept. 20, 2007) clarified the standard for direct infringement where multiple parties are involved in performing steps of a method claim, which was previously confused by a statement made in the opinion for On Demand Machine Corp. v. Ingram Industries, Inc., 442 F.3d 1331 (Fed. Cir. 2006). The Federal Circuit confirmed that direct infringement requires a single party to perform all steps of an asserted method claim, and that direct infringement under a theory of joint or divided infringement requires a single party that does not perform all of the steps to direct or control the other party or parties in performing the missing steps of the asserted method claim. Accordingly, because Paymentech neither performed all of the steps of the asserted method claims, nor directed or controlled the other parties to perform the missing steps, the Federal Circuit affirmed the district court's determination that Paymentech did not directly infringe on BMC Resources' patents.
The '456 Patent Claims
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."