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Supreme Court May Preserve EDTX Grip on Patent Cases
The U.S. Supreme Court did not appear eager to upset the patent litigation landscape by drastically limiting where infringement lawsuits can be filed.
The Court heard arguments on March 27 in the closely watched TC Heartland v. Kraft Foods Group Brands, No. 16-341, touted as one of the most important IP cases of the decade. See, “Patent Lawyers, Anticipating a Shake-Up, Warily Watch SCOTUS,” The Recorder (March 24, 2017).That is in part because of the sharp rise in patent suits filed in the U.S. District Court for the Eastern District of Texas, home of allegedly plaintiff-friendly federal judges. Roughly 40% of infringement suits have been filed there in the last two years, a statistic that critics point to as proof of blatant forum-shopping. See, “Eastern Texas Still Patent Case Champ, According to Lex Machina Data,” The Recorder (March 2, 2017).
But some justices appeared unconcerned by the Texas monopoly on patent cases. “What's that got to do with the case?” asked Justice Stephen Breyer.
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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.