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Mallinckrodt, Inc. V. Medipart, Inc.
''Mallinckrodt, Inc. v. Medipart, Inc.'', 976 F.2d 700 (Fed. Cir. 1992), is a decision of the United States Court of Appeals for the Federal Circuit, in which the court appeared to overrule or drastically limit many years of U.S. Supreme Court precedent affirming the Exhaustion doctrine under U.S. law, patent exhaustion doctrine, for example in ''Bauer & Cie. v. O'Donnell''. Factual background According to the opinions in the case, the plaintiff Mallinckrodt owned a patent on a device for dispensing a radioactive mist used in taking diagnostic lung X-rays, and for trapping the mist after use. Mallinckrodt sold the device to hospitals for about $40 or $50. Hospital personnel would load the device with a suitable radioactive fluid to perform a diagnostic procedure on a patient, use the device, and then discard it. Mallinckrodt labeled the devices it sold with the notice "Single use only." Because the device itself cost approximately $10 to make but was sold for four or five times th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of the United States, U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government procurement, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving Federal crime in the United States, criminal, Bankruptcy in the United States, bankruptcy, Immigration to the United States, immigration, or State law (United States), U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tie-in
A tie-in work is a work of fiction or other product based on a media property such as a film, video game, television series, board game, web site, role-playing game or literary property. Tie-ins are authorized by the owners of the original property, and are a form of cross-promotion used primarily to generate additional income from that property and to promote its visibility. Types Common tie-in products include literary works, which may be novelizations of a media property, original novels or story collections inspired by the property, or republished previously existing books, such as the novels on which a media property was based, with artwork or photographs from the property. According to publishing industry estimates, about one or two percent of the audience of a film will buy its novelization, making these relatively inexpensively produced works a commercially attractive proposition in the case of blockbuster film franchises. Although increasingly also a domain of previ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Federal Circuit Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quanta Computer, Inc
Quanta is the plural of quantum. Quanta may also refer to: Organisations * Quanta Computer, a Taiwan-based manufacturer of electronic and computer equipment * Quanta Display Inc., a Taiwanese TFT-LCD panel manufacturer acquired by AU Optronics * QUANTA, a user group for the Sinclair QL computer * Quanta Services, a US-based speciality contractor for the electric, gas, and telecommunications industries * Quanta Technology, a utility infrastructure consulting company Technology * Quanta, an algorithm for random number generation for smart contracts * Quanta Plus, a web development tool Music * ''Quanta'', a 1997 album by Gilberto Gil * '' Quanta Live'', a Grammy Award-winning 1998 album by Gilberto Gil Science * Quanta (journal), an open-access academic journal * Quanta Magazine, a magazine covering developments in science Others * A line of bowling balls by Brunswick Bowling & Billiards * ''Quanta cura (Latin for "With how great care") was a papal encyclical issue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First-sale Doctrine
The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is an American legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works (for example, enabling individuals to sell their legally purchased books or CDs to others). In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder puts the products on the market. In the case of patented products, the doctrine allows resale of patented products without any control from the patent holder. The first sale doctrine does not apply to patented processes, which are instead governed by the patent exhaustion doctrine. Overview of copyright law application Copyright law grants a copyright owner an exclusive right "t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amicus Curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Solicitor General
The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represents the federal government of the United States before the Supreme Court of the United States. The solicitor general determines the legal position that the United States will take in the Supreme Court. In addition to supervising and conducting cases in which the government is a party, the Office of the Solicitor General also files ''amicus curiae'' briefs in cases in which the federal government has a significant interest. The Office of the Solicitor General argues on behalf of the government in virtually every case in which the United States is a party, and also argues in most of the cases in which the government has filed an ''amicus'' brief. In the federal courts of appeal, the Office of the Solicitor General reviews cases decided again ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Price Fixing
Price fixing is an anticompetitive agreement between participants on the same side in a market to buy or sell a product, service, or commodity only at a fixed price, or maintain the market conditions such that the price is maintained at a given level by controlling supply and demand. The intent of price fixing may be to push the price of a product as high as possible, generally leading to profits for all sellers but may also have the goal to fix, peg, discount, or stabilize prices. The defining characteristic of price fixing is any agreement regarding price, whether expressed or implied. Price fixing requires a conspiracy between sellers or buyers. The purpose is to coordinate pricing for mutual benefit of the traders. For example, manufacturers and retailers may conspire to sell at a common "retail" price; set a common minimum sales price, where sellers agree not to discount the sales price below the agreed-to minimum price; buy the product from a supplier at a specified maxi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pauline Newman
Pauline Newman (born June 20, 1927) is a United States circuit judge of the United States Court of Appeals for the Federal Circuit. Education and career Born in New York City, New York to Maxwell H. and Rosella G. Newman, Newman received a Bachelor of Arts degree from Vassar College in 1947, a Master of Arts from Columbia University in 1948, a Doctor of Philosophy in chemistry from Yale University in 1952 and a Bachelor of Laws from New York University School of Law in 1958.Joint Committee on Printing, ''Official Congressional Directory, 2011-2012: 112th Congress'' (2012), p. 855. She worked as a research scientist for American Cyanamid from 1951 to 1954. From 1954 to 1984, Newman worked for FMC Corp., for fifteen years (1954–1969) as a patent attorney and in-house counsel, and for another fifteen years (1969–1984) as director of the Patent, Trademark and Licensing Department. From 1961 to 1962 Newman also worked for the United Nations Educational, Scientific and Cultural Org ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Post-sale Restriction
A post-sale restraint, also termed a post-sale restriction, as those terms are used in United States patent law and antitrust law, is a limitation that operates after a sale of goods to a purchaser has occurred and purports to restrain, restrict, or limit the scope of the buyer's freedom to utilize, resell, or otherwise dispose of or take action regarding the sold goods. Such restraints have also been termed " equitable servitudes on chattels". Support for the rule against enforcement of post-sale restraints has at times been rested on the common law's hostility to restraints on the alienation of chattels. "The right of alienation is one of the essential incidents of a right of general property in movables, and restraints upon alienation have been generally regarded as obnoxious to public policy, which is best subserved by great freedom of traffic in such things as pass from hand to hand. General restraint in the alienation of articles, things, chattels, except when a very special ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
