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Mapping the Technical Terrain
In the recent article “Mapping Out a Total War Strategy” in the magazine America's Civil War, the author Earl McElfresh tells the story of how Union General William T. Sherman's topographical engineers made maps in support of his march from Chattanooga to Atlanta late in the war. Several useful strategic principles can be drawn from the actions of those map makers and applied to present-day efforts in developing new products and intellectual property to “fight” a competitor. In Sherman's case, many times a battle was fought based on the terrain, and having an intimate knowledge of the terrain put his army in a better position. The same is true for the role in investigating the technical terrain in developing intellectual property.
In the filing of a patent application, the patent agent or attorney is like the commanding officer conducting the battle. This “General” has specialized techniques for drafting and prosecuting patent applications and attempts to get the best patents issued for the client. The equivalent map makers are technical personnel who have studied the competitive landscape for intellectual property prior to and during the invention process. That is, they study the technical area prior to any patent searches in support of the patent filing process. Therefore, patent agents and attorneys can provide a valuable service to their clients by encouraging them to “map” their technology area early in the product development process. Now this does not mean requiring the making of an actual patent landscape map such as can be generated by many popular computer databases. While such maps can be useful, by “map” we mean the in-depth study and understanding of the technical “terrain.”
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.