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Inter Partes Review
An inter partes review (IPR) is a procedure for challenging the validity of a United States patent before the United States Patent and Trademark Office. History The inter partes review procedure was enacted on September 16, 2012 as part of the America Invents Act. It replaced a previous review procedure called ''inter partes'' reexamination, which in turn stemmed from ''ex parte'' reexamination proceedings. Under the ex parte system, any person at any time could challenge the validity of a patent on the basis that its claims were already obvious or unoriginal based on prior art. Under post-2012 inter partes review, petitioners must demonstrate a "reasonable likelihood that" the party challenging the patent at issue "would prevail" in the dispute, rather than requiring that it demonstrate a "substantial new question of patentability." Process An inter partes review is used to challenge the patentability of one or more claims in a U.S. patent only on a ground that could be raised u ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Kyle Bass
J. Kyle Bass is an American investor and founder of Conservation Equity Management, a Texas-based private equity firm focused on environmental sustainability. He is also the founder and principal of Hayman Capital Management, L.P., a Dallas-based hedge fund on global events. In 2008, Bass successfully predicted and effectively bet against the U.S. subprime mortgage crisis by purchasing credit default swaps on subprime securities which, in turn, increased in value when the real estate bubble burst. As a manager of the Coalition for Affordable Drugs (CFAD), Bass challenged the validity of 28 pharmaceutical corporations' patents via inter partes review, claiming that he wanted to invalidate weak patents imposing costs on consumers, thus making drugs covered by those patents more affordable. The drug companies targeted by Bass allege that the sole purpose of the validity challenges was to allow Bass to short the market and thus profit from the change in companies' stock prices. ...
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SAS Institute Inc
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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Public Rights
In the United States, public rights, as compared to private rights, belong to citizens but are vested in and vindicated by political entities. Public rights cannot be vindicated by private citizens. A right must normally be a private right to be vindicated in court. An exception to this general proposition is found in ''Flast v. Cohen'', 392 U.S. 83 (1968). In ''Flast'', the U.S. Supreme Court held that a private citizen could challenge the constitutionality of a federal tax if the citizen established "a logical link between heirstatus s a taxpayerand the type of legislative enactment attacked nd. . . a nexus between that status and the precise nature of the constitutional infringement alleged." In Australia, public rights is an entitlement enjoyed by the community, in contrast to a private or personal entitlement. Such as a claim to tolls on a public highway, a right of ferry. Public rights may exist at common law or under statute. For example, the right of access to information ...
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Seventh Amendment To The United States Constitution
The Seventh Amendment (Amendment VII) to the United States Constitution is part of the Bill of Rights. This amendment codifies the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact. An early version of the Seventh Amendment was introduced in Congress in 1789 by James Madison, along with the other amendments, in response to Anti-Federalist objections to the new Constitution. Congress proposed a revised version of the Seventh Amendment to the states on September 28, 1789, and by December 15, 1791, the necessary three-quarters of the states had ratified it. The Seventh Amendment is generally considered one of the more straightforward amendments of the Bill of Rights. While the Seventh Amendment's provision for jury trials in civil cases has never been incorporated (applied to the states), almost every state has a provision for jury trials in civil cases in its constitution. The prohibition of overturning a jury's finding ...
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Article Three Of The United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in the Supreme Court, as well as inferior courts established by Congress. Along with the Vesting Clauses of Article One and Article Two, Article Three's Vesting Clause establishes the separation of powers between the three branches of government. Section 1 authorizes the creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judge ...
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Oil States Energy Services, LLC V
An oil is any nonpolar chemical substance that is composed primarily of hydrocarbons and is hydrophobic (does not mix with water) & lipophilic (mixes with other oils). Oils are usually flammable and surface active. Most oils are unsaturated lipids that are liquid at room temperature. The general definition of oil includes classes of chemical compounds that may be otherwise unrelated in structure, properties, and uses. Oils may be animal, vegetable, or petrochemical in origin, and may be volatile or non-volatile. They are used for food (e.g., olive oil), fuel (e.g., heating oil), medical purposes (e.g., mineral oil), lubrication (e.g. motor oil), and the manufacture of many types of paints, plastics, and other materials. Specially prepared oils are used in some religious ceremonies and rituals as purifying agents. Etymology First attested in English 1176, the word ''oil'' comes from Old French ''oile'', from Latin ''oleum'', which in turn comes from the Greek (''elaion'') ...
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Chevron U
Chevron (often relating to V-shaped patterns) may refer to: Science and technology * Chevron (aerospace), sawtooth patterns on some jet engines * Chevron (anatomy), a bone * '' Eulithis testata'', a moth * Chevron (geology), a fold in rock layers * Chevron (land form), a sediment deposit across the earth's surface * Chevron nail, a rare transient fingernail ridge pattern seen in children * Chevron plot, a way of representing data Organisations * ''The Chevron'', former newspaper at the University of Waterloo, Ontario, Canada * Chevron Corporation, an American multinational energy corporation ** ''Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.'', 467 U.S. 837 (1984), a United States Supreme Court case dealing with administrative law * Chevron Cars Ltd, a British racing car constructor * Chevron Engineering Ltd, a New Zealand car maker People * Philip Chevron (1957–2013), Irish singer/songwriter * The Chevrons, an American pop group Places * Chevron, ...
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Cuozzo Speed Technologies,LLC V
Cuozzo is a surname, and may refer to: *Gary Cuozzo Gary Samuel Cuozzo (born April 26, 1941) is a former professional American football player. High school career Cuozzo played high school football at Glen Ridge High School in Glen Ridge, New Jersey. Football career An undrafted quarterback from ... (born 1941), American football player * Mike Cuozzo (1925–2006), American jazz saxophonist * Steve Cuozzo (born 1950), American writer and editor See also *''Cuozzo Speed Technologies, LLC v. Lee'', a 2015 term United States Supreme Court patent law opinion by Samuel Alito, usually referred to as ''Cuozzo'' {{Surname ...
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Tribal Sovereignty In The United States
Tribal sovereignty in the United States is the concept of the inherent authority of tribe (Native American), indigenous tribes to govern themselves within the borders of the United States. Originally, the Federal government of the United States, U.S. federal government recognized American Indian tribes as independent nations, and came to policy agreements with them via Treaty, treaties. As the U.S. accelerated its Westward Expansion, westward expansion, internal political pressure grew for "Indian removal", but the pace of treaty-making grew nevertheless. The American Civil War, Civil War forged the U.S. into a more centralized and nationalistic country, fueling a "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate. In the Indian Appropriations Act#1871 Act, Indian Appropriations Act of 1871, Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans. Currently, the U.S. recognizes tr ...
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Eleventh Amendment To The United States Constitution
The Eleventh Amendment (Amendment XI) is an amendment to the United States Constitution which was passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795. The Eleventh Amendment restricts the ability of individuals to bring suit against states in federal court. The Eleventh Amendment was adopted to overrule the Supreme Court's decision in ''Chisholm v. Georgia'' (1793). In that case, the Court held that states did not enjoy sovereign immunity from suits made by citizens of other states in federal court. While the Eleventh Amendment established that federal courts do not have the authority to hear cases brought by private parties against a state of which they are not citizens, the Supreme Court has ruled the amendment to apply to all federal suits against states brought by private parties. The Supreme Court has also held that Congress can abrogate state sovereign immunity when using its authority under Section5 of the Fourteenth Amendment and that ...
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