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Businesses Involved in Patent Litigation
Many would-be corporate patent plaintiffs may not be aware that the U.S. International Trade Commission (ITC) is a viable alternative to patent litigation.
The criticism of conventional patent litigation is legion: too slow and costly, restrictive discovery, difficult-to-prove standards (see eBay v. MercExchange) and, since the enactment of the America Invents Act (AIA), joining multiple defendants has become more difficult. That's why in-house counsel may find that the ITC's speed and less-restrictive standards render it an attractive alternative when their companies may be involved in patent disputes. Moreover, in-house counsel must familiarize themselves with the ITC to develop a plan in the event their company is accused of patent infringement and thereafter subject to an ITC investigation.
The ITC and What It Does
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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.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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?