British Telecommunications Plc V. Prodigy
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British Telecommunications Plc V. Prodigy
''British Telecommunications plc v. Prodigy Communications Corp.'' was a patent infringement case which determined whether a patent related to communications between central computers and their clients was infringed by Internet service providers through hyperlinks. Judge Colleen McMahon of the United States District Court for the Southern District of New York ruled that Prodigy Communications Corporation had not infringed the patent held by British Telecommunications plc through its use of hyperlinks. On summary judgment, McMahon held that there were substantial differences between British Telecommunications' patent and the method of operation of the Internet. The decision limited patent protection for Internet service providers' use of hyperlinks, protecting the providers from licensing fees related to this integral part of Internet technology. Background British Telecommunications plc (BT) developed technology related to computer networking. BT was granted the "Sargent P ...
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United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a United States district court, federal trial court whose geographic jurisdiction encompasses eight counties of New York (state), New York State. Two of these are in New York City: Manhattan, New York (Manhattan) and The Bronx, Bronx; six are in Downstate: Westchester County, New York, Westchester, Putnam County, New York, Putnam, Rockland County, New York, Rockland, Orange County, New York, Orange, Dutchess County, New York, Dutchess, and Sullivan County, New York, Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active an ...
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World Wide Web
The World Wide Web (WWW), commonly known as the Web, is an information system enabling documents and other web resources to be accessed over the Internet. Documents and downloadable media are made available to the network through web servers and can be accessed by programs such as web browsers. Servers and resources on the World Wide Web are identified and located through character strings called uniform resource locators (URLs). The original and still very common document type is a web page formatted in Hypertext Markup Language (HTML). This markup language supports plain text, images, embedded video and audio contents, and scripts (short programs) that implement complex user interaction. The HTML language also supports hyperlinks (embedded URLs) which provide immediate access to other web resources. Web navigation, or web surfing, is the common practice of following such hyperlinks across multiple websites. Web applications are web pages that function as application s ...
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United States Patent Case Law
This is a list of notable patent law cases in the United States in chronological order. The cases have been decided notably by the United States Supreme Court, the United States Court of Appeals for the Federal Circuit (CAFC) or the Board of Patent Appeals and Interferences (BPAI). While the Federal Circuit (CAFC) sits below the Supreme Court in the hierarchy of U.S. federal courts, patent cases only have the right of appeal to the Federal Circuit. The U.S. Supreme Court will only review cases on a discretionary basis and rarely decides patent cases. Unless overruled by a Supreme Court case, Federal Circuit decisions can dictate the results of both patent prosecution and litigation as they are universally binding on all United States district courts and the United States Patent and Trademark Office. Early cases (before 1900) *''Tyler v. Tuel'' - Supreme Court, 1810. Held that an assignee of a geographically limited patent right could not bring an action in the assignee's own nam ...
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Domain Name System
The Domain Name System (DNS) is a hierarchical and distributed naming system for computers, services, and other resources in the Internet or other Internet Protocol (IP) networks. It associates various information with domain names assigned to each of the associated entities. Most prominently, it translates readily memorized domain names to the numerical IP addresses needed for locating and identifying computer services and devices with the underlying network protocols. The Domain Name System has been an essential component of the functionality of the Internet since 1985. The Domain Name System delegates the responsibility of assigning domain names and mapping those names to Internet resources by designating authoritative name servers for each domain. Network administrators may delegate authority over sub-domains of their allocated name space to other name servers. This mechanism provides distributed and fault tolerance, fault-tolerant service and was designed to avoid a single ...
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IP Address
An Internet Protocol address (IP address) is a numerical label such as that is connected to a computer network that uses the Internet Protocol for communication.. Updated by . An IP address serves two main functions: network interface identification and location addressing. Internet Protocol version 4 (IPv4) defines an IP address as a 32-bit number. However, because of the growth of the Internet and the depletion of available IPv4 addresses, a new version of IP (IPv6), using 128 bits for the IP address, was standardized in 1998. IPv6 deployment has been ongoing since the mid-2000s. IP addresses are written and displayed in human-readable notations, such as in IPv4, and in IPv6. The size of the routing prefix of the address is designated in CIDR notation by suffixing the address with the number of significant bits, e.g., , which is equivalent to the historically used subnet mask . The IP address space is managed globally by the Internet Assigned Numbers Authority (IA ...
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TCP/IP
The Internet protocol suite, commonly known as TCP/IP, is a framework for organizing the set of communication protocols used in the Internet and similar computer networks according to functional criteria. The foundational protocols in the suite are the Transmission Control Protocol (TCP), the User Datagram Protocol (UDP), and the Internet Protocol (IP). In the development of this networking model, early versions of it were known as the Department of Defense (DoD) model because the research and development were funded by the United States Department of Defense through DARPA. The Internet protocol suite provides end-to-end data communication specifying how data should be packetized, addressed, transmitted, routed, and received. This functionality is organized into four abstraction layers, which classify all related protocols according to each protocol's scope of networking. An implementation of the layers for a particular application forms a protocol stack. From lowest to high ...
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Uniform Resource Locator
A Uniform Resource Locator (URL), colloquially termed as a web address, is a reference to a web resource that specifies its location on a computer network and a mechanism for retrieving it. A URL is a specific type of Uniform Resource Identifier (URI), although many people use the two terms interchangeably. URLs occur most commonly to reference web pages (HTTP) but are also used for file transfer (FTP), email (mailto), database access (JDBC), and many other applications. Most web browsers display the URL of a web page above the page in an address bar. A typical URL could have the form http://www.example.com/index.html, which indicates a protocol (http), a hostname (www.example.com), and a file name (index.html). History Uniform Resource Locators were defined in in 1994 by Tim Berners-Lee, the inventor of the World Wide Web, and the URI working group of the Internet Engineering Task Force (IETF), as an outcome of collaboration started at the IETF Living Documents birds of a ...
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Markman Hearing
A ''Markman'' hearing is a pretrial hearing in a U.S. District Court during which a judge examines evidence from all parties on the appropriate meanings of relevant key words used in a patent claim, when patent infringement is alleged by a plaintiff. It is also known as a "Claim Construction Hearing". Holding a ''Markman'' hearing in patent infringement cases has been common practice since the U.S. Supreme Court, in the 1996 case of ''Markman v. Westview Instruments, Inc.'', found that the language of a patent is a matter of law for a judge to decide, not a matter of fact for a jury to decide. In the United States, juries determine facts in many situations, but judges determine matters of law. ''Markman'' hearings are important, because the court determines patent infringement cases by the interpretation of claims. A ''Markman'' hearing may encourage settlement, because the judge's claim construction finding can indicate a likely outcome for the patent infringement case as a ...
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United States Patent And Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services tprovide . The Office is headed by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, a position last held by Andrei Iancu until he left office on January 20, 2021. Commissioner of Patents Drew Hirshfeld is performing the funct ...
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Colleen McMahon
Colleen McMahon (born July 18, 1951) is a Senior United States district judge of the United States District Court for the Southern District of New York. Education and career Born in Columbus, Ohio, McMahon received a Bachelor of Arts degree from Ohio State University in 1973 and a Juris Doctor from Harvard Law School in 1976. She was in private practice in New York City from 1976 to 1995, except for a period from 1979 to 1980 when she was a speechwriter and special assistant to Donald McHenry, the United States Permanent Representative to the United Nations. She was a Judge of the New York Court of Claims, New York Supreme Court, from 1995 to 1998. Federal judicial service On May 21, 1998, McMahon was nominated by President Bill Clinton to a seat on the United States District Court for the Southern District of New York vacated by John F. Keenan. McMahon was confirmed by the United States Senate on October 21, 1998, and received her commission the next day. She became Chief ...
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Internet
The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, public, academic, business, and government networks of local to global scope, linked by a broad array of electronic, wireless, and optical networking technologies. The Internet carries a vast range of information resources and services, such as the inter-linked hypertext documents and applications of the World Wide Web (WWW), electronic mail, telephony, and file sharing. The origins of the Internet date back to the development of packet switching and research commissioned by the United States Department of Defense in the 1960s to enable time-sharing of computers. The primary precursor network, the ARPANET, initially served as a backbone for interconnection of regional academic and military networks in the 1970s to enable resource shari ...
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