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Federal Circuit: Only Patent Owner May Appeal a PTAB Reexamination Decision
On April 24, 2014, a unanimous panel of the Federal Circuit, comprising Chief Judge Rader and Judges Linn and Taranto, issued an opinion in Vaillancourt v. Becton Dickinson and Co., Case No. 2013-1408. The opinion was authored by Chief Judge Rader. In it, the panel dismissed Michael Vaillancourt's appeal of a decision by the Patent Trial and Appeal Board (PTAB or Board) because Vaillancourt no longer owned the patent at issue.
Vaillancourt obtained ownership of the patent at issue in 2005, and in 2010, Becton Dickinson (BD) requested an inter partes reexamination of that patent. During the reexamination, the examiner rejected all of the patent claims, and Vaillancourt appealed the rejection to the Board. While the appeal was pending, Vaillancourt assigned the patent to VLV Associates, Inc. (VLV), which subsequently initiated a suit against BD in the District of New Jersey. In that suit, VLV sued in its own name, and did not join Vaillancourt.
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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.
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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.