IP News
Highlights of the latest intellectual property news from around the country.
Patent Reform May Not Cure a Potential for Bias Against Patentee in Inter Partes Re-examination
This article explores a perceived bias against the patent holder in <i>inter partes</i> re-examination as well as the effect that patent reform legislation may have on the process.
Features
Copyright and Fair Use in Legal Proceedings
This article discusses recent decisions regarding the use of copyrighted material in legal proceedings and the applicability of the fair use defense to allegations of infringement.
Internet Counterfeiters and Pirates Beware! Your Domain Names Are Subject to Seizure
Approximately one year ago, Immigration and Customs Enforcement launched "Operation In Our Sites" in an effort to hit counterfeiters and pirates where they live (at least, on the Internet), namely their domains. This article discusses the brief and still evolving history of OIOS, its statutory authorities, and its implications for brand and creative content owners.
Decisions of Interest
Recent rulings of interest to you and your practice.
Features
Modification After Opting Out of the CSSA
Recent amendments to DRL ' 236 Part B(9)(b) have changed the grounds for modifying a child support award. These changes have caused a profound shift in whether, and under what circumstances, parties should opt out of the Child Support Standards Act (CSSA).
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Must I Still Pay Child Support?
Visitation and child support issues can become intertwined in extreme cases of visitation denial. In these cases, a noncustodial parent may petition to suspend child support. A look at relevant case law.
Features
New York Allows Same-Sex Marriage, While National Case Law Evolves
New York's recent passage of the Marriage Equality Act no more opened up the federal government to recognizing same-sex marriage than did passage of similar legislation in Connecticut or Vermont.
Features
Real Property Law
In-depth analysis of cases of importance to you and your practice.
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- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- The Article 8 Opt InThe 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.Read More ›
- 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.Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›
- The Stranger to the Deed RuleIn 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.Read More ›