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Courts Continue to Differ over Timing of Claims Construction: Markman v. Westview Still a Definining Element
Navigating through patent litigation remains a challenge for seasoned litigators and savvy clients. The ruling in Markman v. Westview, 517 U.S. 370 (1996), remains, over a decade after its decision, a defining element of the patent litigation landscape. According to the Manual for Complex Litigation (MCL), '33.223, “[t]iming is one of the more problematic issues' for courts dealing with Markman. Indeed, in the two courts (the Northern District of California and the Southern District of Texas) that have substantially revised (N.D.Ca.) or adopted (S.D.Tex.) local patent rules effective in 2008, one has opted for an early approach to Markman (N.D.Ca.) and the other (S.D.Tex.) has left it largely to the discretion of individual judges. This recent contrast highlights the continuing differences of opinion as to the best approach to Markman hearings and their timing.
Consequently, having a plan and knowing when and how Markman will arise in any particular case will go a long way in determining the time, expense, and strategic choices that patent litigation will involve. That is because '[t]he construction of patent claims is pivotal to infringement actions ” MCL, '33.22. But, '[t]here is no consistent approach among the courts as to the procedural boundaries of claim-construction proceedings' since 'Markman did not establish when or how a patent was to be construed, only that it must be done prior to submission of the case to the jury.' MCL, '33.22. An examination of the alternatives and how courts approach them is informative for counsel and client alike.
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.
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."