Legal Estoppel
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Legal Estoppel
Legal estoppel is a principle of law, particularly United States patent law, that an assignor or grantor is not permitted subsequently to deny the validity of title to the subject matter of the assignment or grant. Originally a principle of real property law, applicable to deeds of land and called estoppel by deed, the Supreme Court extended legal estoppel to patents in '' Westinghouse Elec. & Mfg. Co. v. Formica Insulation Co''. In that case, Chief Justice Taft pointed out that no prior Supreme Court cases existed in which the Court had fully considered the matter, but many lower court decisions starting in 1880 had done so. His explanation for the principle was as follows: ere seems to be no reason why the principles of estoppel by deed should not apply to assignment of a patent right….The grantor purports to convey the right to exclude others, in the one instance, from a defined tract of land, and in the other, from a described and limited field of the useful arts. The di ...
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United States Patent Law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. United States patent law is codified in Title 35 of the United States Code, and authorized by the U.S. Constitution, in Article One, section 8, clause 8, which states: Patent law is designed to encourage inventors to disclose their new technology to the world by offering the incentive of a limited-time monopoly on the technology. For U.S. utility patents, this limited-time term of patent i ...
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Westinghouse Elec
Westinghouse may refer to: Businesses Current companies *Westinghouse Electric Corporation, the company that manages the Westinghouse brand, with licensees: **Westinghouse Electric Company, providing nuclear power-related services **Westinghouse Electronics, which sells LED and LCD televisions ** Russell Hobbs, Inc., licensed to make small appliances such as vacuum cleaners under the Westinghouse name, from 2002 to 2008 *Siemens Energy Sector, the acquired non-nuclear energy divisions of Westinghouse Electric Former companies and divisions *Westinghouse Electric Corporation, renamed CBS Corporation in 1997 **Westinghouse Broadcasting (Group W), now integrated into CBS Broadcasting, Inc. **White-Westinghouse, acquired by Electrolux in 1986 **Westinghouse Electronic Systems Group, sold to Northrop Grumman in 1996 **British Westinghouse, later subsumed into the General Electric Company *Westinghouse Air Brake Company, founding name of WABCO *Westinghouse Brake & Signal Company ...
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Chief Justice Taft
William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected president in 1908, the chosen successor of Theodore Roosevelt, but was defeated for reelection in 1912 by Woodrow Wilson after Roosevelt split the Republican vote by running as a third-party candidate. In 1921, President Warren G. Harding appointed Taft to be chief justice, a position he held until a month before his death. Taft was born in Cincinnati, Ohio, in 1857. His father, Alphonso Taft, was a U.S. attorney general and secretary of war. Taft attended Yale and joined the Skull and Bones, of which his father was a founding member. After becoming a lawyer, Taft was appointed a judge while still in his twenties. He continued a rapid rise, being named solicitor general and a judge of the Sixth Circuit Court of Appeals. In 1901, Pre ...
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Assignor Estoppel
The doctrine of assignor estoppel is a doctrine of United States patent law barring a patent's seller (assignor) from attacking the patent's validity in subsequent patent infringement litigation. The doctrine is based on the doctrine of legal estoppel, which prohibits a grantor (typically, of real property) from challenging the validity of his/her/its grant. In ''Diamond Scientific Co. v. Ambico, Inc.'', the United States Court of Appeals for the Federal Circuit distinguished the policies applicable to assignor estoppel from those applicable to licensee estoppel. It therefore held that the doctrine of '' Lear, Inc. v. Adkins'', which applies to licenses and holds that public policy requires that licensees not be muzzled from challenging the validity of possibly spurious patents, does not apply to assignments. The UK counterpart to this doctrine is the doctrine of non-derogation from grants. Under this doctrine, as explained in ''British Leyland Motor Corp. v. Armstrong Patents Co.' ...
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