Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Threat of Evidence Destruction
In high-technology disputes, a patentee must secure a thorough understanding of often complex and subtle technologies in accused devices to prove patent infringement. Despite a patentee's best efforts to obtain proof of infringement, very often the most convincing evidence of patent infringement ' for example, proprietary design documents of the accused device ' lies within the possession of the alleged infringer itself. The survivability of that core evidence, however, can be under constant threat due to, for example, periodic purging of information pursuant to routine business practice or even bad-faith spoliation efforts by the alleged infringer. The risk to electronic evidence is especially grave because of its susceptibility to rapid erasure. Clearly, the threat of evidence destruction may seriously jeopardize the ability of a patentee to prove its case.
In this article, we examine judicial and other mechanisms in the United States and China that a patentee can utilize to safeguard evidence under the alleged infringer's control. In the United States, patentees need not wait the protracted time required for commencement of formal discovery to seek evidence under immediate threat of destruction. In China, which lacks a judicial construct precisely analogous to American discovery, patentees can employ special judicial and administrative measures even prior to commencement of suit to secure evidence in the hands of the alleged infringer.
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.
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.
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.