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Risks and Rewards of Using Re-examination As a Strategy in Patent Litigation
Patent litigation is becoming almost prohibitively expensive to all but the most well-heeled litigants, particularly due to the significant costs associated with electronic discovery. Even if the invalidity question is dispositive, it will probably take months or even years of costly discovery, not only on the validity issue but also on issues of infringement, damages, and equitable defenses, to posture a case for a summary judgment motion to decide the validity of the patent. In the meantime, the accused infringer is operating under a cloud with damages accruing, and the patentee is being denied the exclusive use of his invention.
Against this backdrop, it is not surprising that re-examination is playing an ever-increasing role as a strategy in patent litigation. But while there are aspects of re-examination that can greatly benefit both the patent owner and the accused infringer, there are also significant risks that must be considered before pulling the trigger on re-examination.
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.
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.
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.
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?