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The Best April Fools' Day Non-Prank
On April 1, 2008, Judge James C. Cacheris of the U.S. District Court for the Eastern District of Virginia permanently enjoined rules promulgated by the U.S. Patent and Trademark Office ('USPTO'). News of the federal ruling spread like wildfire among the patent community, quickly leading to e-mails wondering whether the ruling was an elaborate April Fools' Day joke. It was not. Now there are concerns (or hopes) about the implications of the ruling on other USPTO proposed rules as well as the impact Patent Law Reform in Congress could have on the ruling.
The judgment addresses rules first proposed by the USPTO on Jan. 3, 2006 (the 'Proposed Rules') and published on Aug. 21, 2007 as 'Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications,' 72 Fed. Reg. 46,716-843 (the 'Final Rules'). The patent community responded to the Proposed Rules en masse, submitting hundreds of disapproving written comments. The rules were widely viewed with trepidation, with the patent community criticizing the rules for potentially increasing the cost of the patent process and shifting burdens of the patent examination process to the applicant, thereby unfairly limiting patents and patent claims.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.