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IP News
Federal Circuit: Unpatentability Ruling In First IPR Estops Patentee In Second IPR of Related Patent
The doctrine of collateral estoppel (also known as issue preclusion) bars a party from litigating an issue when: 1) the issue is identical to one decided in a prior proceeding; 2) the issue was actually litigated in the first proceeding; 3) its resolution was essential to a final judgment; and 4) the non-moving party had a full and fair opportunity to litigate the issue in the first action.
In the seminal case Blonder Tongue Labs., Inc. v. University of Illinois Found., 402 U.S. 313 (1971), the United States Supreme Court established that once a patent is found invalid in a first litigation, the patentee is collaterally estopped from re-litigating validity of the same patent in a subsequent proceeding. Can a prior invalidity ruling as to a first patent in an inter partes review (IPR) carry over to estop the patentee from re-litigating validity as to a different patent in a second IPR? In Google LLC v. Hammond Dev. Int'l, Inc., No. 2021-2218, 2022 WL 17491972 (Fed. Cir. Dec. 8, 2022), the Federal Circuit confirmed that it can, so long as "the issues of patentability [are] identical" in the two proceedings (emphasis in original).
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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.