This Note explores various theories of patent misuse as they relate to patent pools. Taking into account varying ideological underpinnings of misuse, this Note proposes a framework for rule of reason analysis of anticompetitive foreclosure of alternative technologies. The framework offers a phased analysis, borrowed from antitrust law, to focus the inquiry on the harms patent misuse seeks to deter in patent-pool licensing practices. The goal of the proposed framework is to increase operational clarity to modern, innovative firms and provide guidance to courts when applying rule of reason analysis to determine whether anticompetitive foreclosure could result from a challenged use of a patent pool.
Introduction - II. Historical development of misuse doctrine - III. Current approaches to misuse - A. Misuse defined by substantive antitrust principles - 1. Apparent Dominance of the Antitrust Model of Misuse - 2. Critique of the Antitrust Model - B. Misuse as an attempt to obtain rights "beyond the scope" of a statutory ip right - IV. Toward coherence in misuse doctrine: misuse as foreclosure of competition, innovation, or the public domain - A. Tying and quasi-tying claims - 1. Tying as an Antitrust Violation and the Leverage Theory of Tying - 2. Tying as Foreclosure of Competition - 3. Tying as Foreclosure of Innovation or Access to the Public Domain - 4. Package or Blanket Licensing of Patents and Copyrights - B. Licenses restricting the use or development of new technologies or...
WASHINGTON, Nov. 1, 2011 /PRNewswire-USNewswire/ -- The Office of the Comptroller of the Currency today announced that the independent foreclosure review required under the agency's enforcement actions taken in April 2011 has begun. Under the enforcement actions taken in April by the OCC, the Federal Reserve, and Office of Thrift Supervision, 14 large mortgage servicers were required to correct deficiencies in their servicing and foreclosure processes and to engage independent firms to conduct a multi-faceted independent review of foreclosure actions that occurred in 2009 and 2010. Independent consultants are charged with evaluating whether borrowers suffered financial injury through errors, misrepresentations, or other deficiencies in foreclosure practices and determining appropriate r...
In the past several years, the US has seen substantial growth in a subsection of international finance sometimes called "Islamic Finance." Islamic finance is, in many ways, similar to socially conscious investing and is based on the principles of Shari'ah, which typically prohibit investment into industries such as gambling, pornography, alcohol, tobacco, defense, banking and insurance. Shari'ah-compliant mortgage financing emulates key economic features of secured lending through (more) complex financial structures. In this article, the authors first discuss the common forms of Islamic financings and how they each compare to traditional mortgage financings to understand the foreclosure issues facing courts. There are three main types of Islamic financing structures available when purch...
How can Bank of America make so many mistakes in one loan? I am a single mother of two kids, plus I also take care of my 70-year-old mother, when I am not battling my two spinal fusion surgeries with another surgery fast approaching, R.A., Fibromyalgia, astigmatism in both eyes, and Raynard's Disease at the age of 41. Our home has been taken from us when we were told we might be accepted into the Making Home Affordable Program and have our loan modified. Our documents were in underwriting, I was told by BAC that our house auction would be postponed. BAC dropped the ball and our house was auctioned off. Luckily it reverted back to Freddie Mac.
This notice provides additional guidance on the notice, entitled ``Protecting Tenants at Foreclosure: Notice of Responsibilities Placed on Immediate Successors in Interest Pursuant to Foreclosure of Residential Property,'' published in the Federal Register on June 24, 2009, and supplemented by further information published on October 28, 2010. The October 2010 notice provided guidance on the relationship between the Federal Housing Administration's (FHA's) current regulations on occupied conveyance and the protections for existing tenants under the Protecting Tenants at Foreclosure Act of 2009 (PTFA). This notice provides further guidance on the relationship between FHA regulations and the protections for existing tenants under the PTFA.
FORT LAUDERDALE, Fla. - During the housing crash, it was good to be a foreclosure king. David Stern was Florida's top foreclosure lawyer, and he lived like an oil sheik. He piled up a collection of trophy properties, glided through town in a fleet of six-figure sports cars and, with his bombshell wife, partied on an ocean cruiser the size of a small hotel. When homeowners fell behind on their mortgages, the banks flocked to "foreclosure mills" like Stern's to push foreclosures through the courts on their behalf. To his megabank clients - Bank of America, Goldman Sachs, GMAC, Citibank and Wells Fargo - Stern was the ultimate Repo Man.
Steven J. Baum PC, the Amherst law firm that has been under heavy fire for its foreclosure practices, agreed Thursday to pay a $2 million fine and "extensively" overhaul its practices in a settlement with the U.S. Attorney's Office in Manhattan that has statewide implications. The agreement with Baum resolves a federal investigation into whether the state's largest foreclosure law firm, on behalf of lenders, filed misleading affidavits, mortgage assignments and other documents in state and federal courts.
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