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Patent Policing: Federal Circuit Upholds District Courts’ Inherent Authority to Sanction Party Conduct
In recent decisions, the Federal Circuit affirmed the inherent powers of district courts to investigate and address potential party misconduct in patent litigations, including suspected fraud and bad faith conduct. In addition, the Federal Circuit held that parties suspected of fraudulent or bad faith conduct cannot evade the district court’s investigation or misconduct sanctions by voluntarily dismissing their suits. This article delves into these key cases that upheld district courts’ policing by standing orders or sanctions and underscore the importance of transparency and proper conduct in patent litigation.
Chief Judge Connolly’s Third-Party Funding Order
In April 2022, Chief Judge Colm F. Connolly of the U.S. District Court for the District of Delaware issued a standing order that applies in all his cases. The order requires all parties appearing before him to disclose third-party litigation funders who pay for a party’s attorney fees or expenses on a nonrecourse basis in exchange for a contingent financial interest in the litigation. This requirement aims to address potential attorney and party misconduct in patent cases by ensuring transparency, particularly regarding the real parties in interest.
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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.
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.
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?
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.