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Innovation Act
The Innovation Act of the 113th Congress () is a bill that would change the rules and regulations surrounding patent infringement lawsuits in an attempt to reduce patent lawsuits. This article primarily describes the previous version of this bill in the 113th United States Congress, which was passed by the House on December 5, 2013, but was never passed by the United States Senate. Instead, the Senate responded with several bills, including the Patent Transparency and Improvements Act (S. 1720); in December 2013, the full Senate Judiciary Committee held a hearing on the topic. In April 2014, the U.S. Supreme Court decided '' Octane Fitness, LLC v. ICON Health & Fitness, Inc.'', which shifted lawyer's fees for "frivolous" patent suits to the plaintiff, reducing the incentive to file illegitimate suits in the hope of inducing a settlement. In May 2014, Senator Patrick Leahy, the Chairman of the Senate Judiciary Committee, announced he was "taking the patent bill off heiragend ...
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Title 35 Of The United States Code
Title 35 of the United States Code is a title of United States Code regarding patent law. The sections of Title 35 govern all aspects of patent law in the United States. There are currently 37 chapters, which include 376 sections (149 of which are used), in Title 35. Federally recognized forms of intellectual property are scattered throughout the United States Code. Copyrights are covered under Title 17. Trademark and unfair competition law is defined in Chapter 22 of Title 15. Trade Secrets law, another form of intellectual property, is defined in Title 18. Title 35 has four parts: * Part I—United States Patent and Trademark Office * Part II—Patentability of Inventions and Grant of Patents * Part III—Patents and Protection of Patent Rights * Part IV—Patent Cooperation Treaty United States Patent and Trademark Office Sections 1 through 42 establish the United States Patent and Trademark Office (USPTO). The USPTO is responsible for granting and issuing patents and regi ...
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United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powers of the Senate are established by Article One of the United States Constitution. The Senate is composed of senators, each of whom represents a single state in its entirety. Each of the 50 states is equally represented by two senators who serve staggered terms of six years, for a total of 100 senators. The vice president of the United States serves as presiding officer and president of the Senate by virtue of that office, despite not being a senator, and has a vote only if the Senate is equally divided. In the vice president's absence, the president pro tempore, who is traditionally the senior member of the party holding a majority of seats, presides over the Senate. As the upper chamber of Congress, the Senate has several powers o ...
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MPHJ Technology
MPHJ Technology Investments is a Waco, Texas-based company that has been called the poster child for "patent trolls" due to its practice of suing small businesses for patent infringement for using the scan-to-email function on their own office equipment. The company's argument is that they own the patent for the networked scan-to-email process and so are entitled to payments for each worker at a business that uses this function. Controversial patent activities MPHJ bought the patents for the scan-to-email function in 2012, and began sending letters to small businesses threatening them with patent infringement lawsuits later that year. In their letters, the company demanded that these businesses pay them a varying amount of money ($9,000 for the smallest business targeted and more for the others). The company has been targeted by different politicians, including Jim Bruning and Peter DeFazio, the latter of whom introduced the anti-patent troll SHIELD Act into the House of Repres ...
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Software Development Kit
A software development kit (SDK) is a collection of software development tools in one installable package. They facilitate the creation of applications by having a compiler, debugger and sometimes a software framework. They are normally specific to a hardware platform and operating system An operating system (OS) is system software that manages computer hardware, software resources, and provides common services for computer programs. Time-sharing operating systems schedule tasks for efficient use of the system and may also in ... combination. To create applications with advanced functionalities such as advertisements, push notifications, etc; most application software developers use specific software development kits. Some SDKs are required for developing a platform-specific app. For example, the development of an Android app on the Java (programming language), Java platform requires a Java Development Kit. For iOS applications (apps) the iOS SDK is required. For Universal ...
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Mobile Application Development
Mobile app development is the act or process by which a mobile app is developed for mobile devices, such as personal digital assistants, enterprise digital assistants or mobile phones. These software applications are designed to run on mobile devices, such as a smartphone or tablet computer. These applications can be pre-installed on phones during manufacturing platforms, or delivered as web applications using server-side or client-side processing (e.g., JavaScript) to provide an "application-like" experience within a web browser. Application software developers also must consider a long array of screen sizes, hardware specifications, and configurations because of intense competition in mobile software and changes within each of the platforms. Mobile app development has been steadily growing, in revenues and jobs created. A 2013 analyst report estimates there are 529,000 direct ''app economy'' jobs within the EU then 28 members (including the UK), 60 percent of which are mo ...
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Lodsys
Lodsys, LLC was a patent holding company located in Marshall, Texas that brought patent infringement lawsuits against a variety of companies in the US. Numerous app development enterprises accused them of "patent trolling". Patents Lodsys owned four patents. None of the patents were developed by Lodsys, but each listed Daniel H. Abelow as the inventor. The patents were related to interacting with customers over the internet in relationship to products and services. Lodsys claimed this included online help, customer support, tutorials, on-line upgrades, surveys, etc. The former patents are: * U.S. Patent 5,999,908 - (The "908" patent) "Customer-based product design module" * U.S. Patent 7,133,834 - (The "834" patent) "Product Value Information Interchange Server" * U.S. Patent 7,222,078 - (The "078" patent) "Methods and Systems for Gathering Information from Units of a Commodity Across a Network" * U.S. Patent 7,620,565 - (The "565" patent) "Customer-based product design modul ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ...
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SAS Institute
SAS Institute (or SAS, pronounced "sass") is an American multinational developer of analytics software based in Cary, North Carolina. SAS develops and markets a suite of analytics software ( also called SAS), which helps access, manage, analyze and report on data to aid in decision-making. The company is the world's largest privately held software business and its software is used by most of the Fortune 500. SAS Institute started as a project at North Carolina State University to create a statistical analysis system (hence the proper name, Statistical Analysis System) that was originally used primarily by agricultural departments at universities in the late 1960s. It became an independent, private business led by current CEO James Goodnight and three other project leaders from the university in 1976. SAS grew from $10 million in revenues in 1980 to $1.1 billion by 2000. In 1998 a larger proportion of these revenues were spent on research and development than at most other soft ...
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Discovery (law)
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. They strongly resembled modern requests for admissions, in that the defen ...
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114th United States Congress
The 114th United States Congress was a meeting of the legislative branch of the United States of America federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from January 3, 2015, to January 3, 2017, during the final two years of Barack Obama's presidency. The seats in the House were apportioned based on the 2010 United States Census.: "Providing for the sine die adjournment of the first session of the One Hundred Fourteenth Congress." The 2014 elections gave the Republicans control of the Senate and the House for the first time since the 109th Congress. With 248 seats in the House of Representatives and 54 seats in the Senate, this Congress began with the largest Republican majority since the 71st Congress of 1929–1931. As of 2022, this is the most recent session of Congress in which Republicans and Democrats held any seats in New Hampshire and Nebraska, respectively, the last in which Republic ...
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Patrick Leahy
Patrick Joseph Leahy (; born March 31, 1940) is an American politician and attorney who is the senior United States senator from Vermont and serves as the president pro tempore of the United States Senate. A member of the Democratic Party, Leahy was first elected in 1974 and is in his eighth term. He is the chair of the Appropriations Committee, and served as president pro tempore from 2012 to 2015 and again since 2021. Upon Representative Don Young's death in March 2022, he became the most senior member of Congress. Leahy is also the last of the Senate's "Watergate Babies"—Democrats first elected to Congress in the wave election of 1974 that followed President Richard Nixon's resignation over the Watergate scandal. , Leahy is one of three members of Congress to have served during Gerald Ford's presidency and one of eight to have served during Jimmy Carter's. The dean of his state's congressional delegation, Leahy is Vermont's longest-serving U.S. senator, as well a ...
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Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the elder" or "old man") and therefore considered wiser and more experienced members of the society or ruling class. However the Roman Senate was not the ancestor or predecessor of modern parliamentarism in any sense, because the Roman senate was not a legislative body. Many countries have an assembly named a ''senate'', composed of ''senators'' who may be elected, appointed, have inherited the title, or gained membership by other methods, depending on the country. Modern senates typically serve to provide a chamber of "sober second thought" to consider legislation passed by a lower house, whose members are usually elected. Most senates have asymmetrical duties and powers compared with their respective lower house meaning they have special dut ...
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