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Are Case Predictions Part of the Hypothetical Negotiation?
Some time ago, in a nondescript conference room chosen for its convenience, two parties negotiated a license. On one side of the long oak table sat the patentee; on the other, the infringer. “Okay,” said the patentee, “I know everything about the product you want to sell, and you know everything about my patent. We agree that your product infringes and that my patent is valid, so we've agreed on an amount you will pay me to use my patent. But before we go any further, I have one question: Do we agree that if we went to court, I would most certainly win?”
The conference room does not exist, however, and the preceding discussion never took place. In reality, the accused infringer instead sold the product in question without obtaining a license from the patentee, who accordingly brought a claim for patent infringement. The jury declared the patent valid and infringed, and the court is now pondering the amount of damages to award. But it does not have “hard numbers” to work with; the patentee did not present evidence of lost profits or established royalty rates from other license agreements. Forced to develop an alternative method of determining damages, the court thus imagines the meeting described above: the “hypothetical negotiation.”
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.
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.