Misunderstanding of standing is plaintiffs' pitfall; co-inventors and licensing are among potential complications in bringing infringement suits
Article Abstract:
The Patent Act defines the patentee as the party to whom the patent is issued or any successor in title and states that only this party can bring an action for infringment. Under very limited circumstances, standing to sue can also be conferred by either an exclusive or a nonexclusive license, which must be in writing. A company can protect itself best by verification of inventorship, obtaining an assignment from the licensee rather than an exclusive license, making sure any license transfers all substantial rights in the patent, and having the transfer in writing before suit is filed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Nursing homes face more quality-of-care suits; Nursing Home Recovery Act, FCA and state laws have led to more suits, larger damages
Article Abstract:
The Nursing Home Recovery Act (NHRA), the False Claims Act (FCA) and various state laws are possible weapons in suits against long-term care providers, and the latter must pay particular attention to risk and compliance issues. Each state is responsible for certifying nursing homes' compliance with quality-related requirements regarding nursing home patients' rights, administration and ownership of nursing homes and quality-related requirements regarding nursing home services under the NHRA, and the FCA is the weapon of choice against health care spending fraud.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Feds got the power after Lujan
Article Abstract:
Lujan v Defenders of Wildlife weakened prior Supreme Court rulings on the justiciability of administrative agency decisions. The judges in Lujan denied standing to three environmental groups claiming to have been injured by agency actions violating the Endangered Species Act. The court's holding that the groups' intentions were not concrete enough was overly restrictive. Public interest groups have been especially threatened by this holding since their appeals usually have to do with the broad impact of agency regulations.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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- Abstracts: The use of delaying tactics to obtain submarine patents and amend around a patent that a competitor has designed around
- Abstracts: Mediation: are the proceedings really confidential? Protective orders and confidentiality agreements: a drafter's guide
- Abstracts: Establishing legal accountability for anonymous communication in cyberspace. Fighting words and fighting freestyle: the constitutionality of penalty enhancement for bias crimes
- Abstracts: Privacy bill targets work site monitoring. Internet privacy jurisdiction begins to develop; courts and legislators address e-mail confidentiality and other New Age constitutional issues
- Abstracts: Scope of harassment liability expands. Primary schools as well as colleges are learning from a spate of lawsuits that sex harassment allegations may be brought not only by employees but by students