Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
USPTO Accelerated Examination: A Pre-Litigation Strategy
In August 2006, the U.S. Patent and Trademark Office ('USPTO') launched an Accelerated Exam system promising significantly reduced prosecution times. Despite the lure of expedited patents, after 18 months, the Accelerated Exam procedure has been little used while receiving criticism from patent practitioners. This article explores the advantages achieved by using the Accelerated Exam procedure as a pre-litigation strategy. By filing claims tailored to the infringing device under the Accelerated Exam procedure, an applicant can get the infringer in court more quickly, strengthen its validity position, and potentially reduce litigation costs.
The filing requirements for an Accelerated Exam patent application are arduous. Among those most discussed in the patent community are a limit on the number of claims, a pre-examination search requirement, and an accelerated examination support document. Patent practitioners have opined that these requirements create an unjustifiable option when balancing risk and cost against potential benefit. In the context of obtaining a patent focused on enforcement against an identified party, the accelerated exam procedure provides an alternative for quickly obtaining claims that may be tailored to the infringer and easier to defend.
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."