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What Is Reasonable?
Several recent rulings from the U.S. Supreme Court have arguably tipped the scales toward alleged infringers involved in a patent battle. Specifically, the U.S. Supreme Court ('Supreme Court') in KSR International Co. v. Teleflex Inc., __ U.S. __, 127 S.Ct. 1727 (2007) modified the standard for obviousness thereby making it easier for alleged infringers to invalidate patents. In eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 126 S.Ct. 1837 (2006), the Supreme Court modified the standard for determining the propriety of injunctions, making it more difficult for certain plaintiffs to obtain permanent injunctions against infringers. Finally, in MedImmune, Inc. v. Genentech, Inc., __ U.S. __, 127 S.Ct. 764 (2007), the Supreme Court made it easier for alleged infringers to argue there is a case or controversy, and thereby prospectively haul patent holders into court by filing a declaratory judgment action. However, a recent decision from the Court of Appeals for the Federal Circuit ('Federal Circuit') may help tip the scales back toward patent holders and thereby provide some additional leverage to patent holders in discussions with alleged infringers. In Amado v. Microsoft Corp., __ F.3d __, 2008 U.S. App. LEXIS 4065 (Fed. Cir. Feb. 26, 2008), the Federal Circuit indicated that after a verdict of infringement, the infringing party may be subject to a different (higher) royalty for post-verdict sales of the infringing product than was determined for past (i.e., pre-verdict) infringing sales.
What Is Reasonable for Infringement Before Trial '
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.
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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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."