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Patent Misuse
In United States patent law, patent misuse is a patent holder's use of a patent to restrain trade beyond enforcing the exclusive rights that a lawfully obtained patent provides. If a court finds that a patent holder committed patent misuse, the court may rule that the patent holder has lost the right to enforce the patent. Patent misuse that restrains economic competition substantially can also violate United States antitrust law.. Definition Patent misuse is a patent owner's improper use of patent rights, speaking very generally, to expand the scope or term of the patent. Examples of such patent misuse include forcing customers to agree to pay royalties on unpatented products or to pay royalties on an expired patent. This type of patent misuse can take place without a violation of antitrust laws. But it violates such policies of US patent law as the monopoly of a patent is confined to what its claims cover and once a patent expires the public has an unlimited right to practice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 pate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Lockwasher Co
National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, census-designated place * National, Nevada, ghost town * National, Utah, ghost town * National, West Virginia, unincorporated community Commerce * National (brand), a brand name of electronic goods from Panasonic * National Benzole (or simply known as National), former petrol station chain in the UK, merged with BP * National Car Rental, an American rental car company * National Energy Systems, a former name of Eco Marine Power * National Entertainment Commission, a former name of the Media Rating Council * National Motor Vehicle Company, Indianapolis, Indiana, USA 1900-1924 * National Supermarkets, a defunct American grocery store chain * National String Instrument Corporation, a guitar company formed to manufacture the first resonator g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Ambush
A patent ambush occurs when a member of a standard-setting organization withholds information, during participation in development and setting a standard, about a patent that the member or the member's company owns, has pending, or intends to file, which is relevant to the standard, and subsequently the company asserts that a patent is infringed by use of the standard as adopted. Standards-setting organizations, such as the IEEE and ANSI, typically require each member of their committees engaged in standard setting to file a letter with the organization stating either that the member does not know of any patents of their company relevant to the standard or else identifying those patents about which they know. When the organization is advised of relevant patents, often it will either seek to use a different technology for the standard or obtain a commitment from the patent owner that it will license users of the standard on fair reasonable and non-discriminatory (FRAND) terms. Once ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inequitable Conduct
In United States patent law, inequitable conduct is a breach of the applicant's duty of candor and good faith during patent prosecution or similar proceedings by misrepresenting or omitting materiality (law), material information with the specific intention, intent to deception, deceive the United States Patent and Trademark Office. A claim of inequitable conduct is a defense to allegations of patent infringement. Even in an instance when a valid patent suffers infringement, a court ruling on an allegation of infringement may exercise its power of Equity (law), equitable discretion not to enforce the patent if the patentee (the patent owner) has engaged in inequitable conduct. Duty of candor The U.S. Patent and Trademark Office's Rule 56 explains that patents are "affected with a public interest. The public interest is best served, and the most effective patent examination occurs when, at the time an application is being examined, the Office is aware of and evaluates the teachings o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evergreening
Evergreening is any of various legal, business, and technological strategies by which producers (often pharmaceutical companies) extend the lifetime of their patents that are about to expire in order to retain revenues from them. Often the practice includes taking out new patents (for example over associated delivery systems or new pharmaceutical mixtures), or by buying out or frustrating competitors, for longer periods of time than would normally be permissible under the law. Robin Feldman, a law professor at UC Hastings and a leading researcher in intellectual property and patents, defines evergreening as "artificially extending the life of a patent or other exclusivity by obtaining additional protections to extend the monopoly period." Overview Evergreening is not a formal concept of patent law; it is best understood as a social idea used to refer to the myriad ways in which pharmaceutical patent owners use the law and related regulatory processes to extend their high-earning ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Misuse
Copyright misuse is an equitable defence to copyright infringement in the United States based upon the doctrine of unclean hands. The misuse doctrine provides that the copyright holder engaged in abusive or improper conduct in exploiting or enforcing the copyright will be precluded from enforcing his rights against the infringer. Copyright misuse is often comparable to and draws from the older and more established doctrine of patent misuse, which bars a patentee from obtaining relief for infringement when he extends his patent rights beyond the limited monopoly conferred by the law. The doctrine forbids the copyright holder from attempting to extend the effect or operation of copyright beyond the scope of the statutory right. For example, by engaging in restrictive licensing practices that are contrary to the public policy underlying copyright law. In fact, the misuse doctrine is said to have evolved to tackle such aggressive licensing practices. Requirements Although the doctrin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Continental Paper Bag Co
Continental may refer to: Places * Continent, the major landmasses of Earth * Continental, Arizona, a small community in Pima County, Arizona, US * Continental, Ohio, a small town in Putnam County, US Arts and entertainment * ''Continental'' (album), an album by Saint Etienne * Continental (card game), a rummy-style card game * ''Continental'' (film), a 2013 film * Continental Singers, a Christian music organization Companies * Continental AG, a German automotive parts and technologies manufacturer * Continental Airlines, a former American airline * Continental Electronics, an American radio transmitter manufacturer * Continental Films, a German-controlled French film company during the Nazi occupation of France * Continental Illinois, a defunct large bank * Continental Mortgage and Loan Company (later known as Continental, Inc.), the former name of HomeStreet Bank * Continental Motors, Inc., a Chinese manufacturer of aircraft engines * Continental Records, a former Ame ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Trolls
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuits against public participation (SLAPP), chilling effects, and the like). Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities which do not practice their asserted patent may not be considered "patent trolls" when they license their patented technologies on reasonable terms in advance. Other related concepts include patent holding company (PHC), patent assertion entity (PAE), and non-practicing entity (NPE), which may or may not be considered a "patent troll" depending on the position they are taking and the perception of that position by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inequitable Conduct
In United States patent law, inequitable conduct is a breach of the applicant's duty of candor and good faith during patent prosecution or similar proceedings by misrepresenting or omitting materiality (law), material information with the specific intention, intent to deception, deceive the United States Patent and Trademark Office. A claim of inequitable conduct is a defense to allegations of patent infringement. Even in an instance when a valid patent suffers infringement, a court ruling on an allegation of infringement may exercise its power of Equity (law), equitable discretion not to enforce the patent if the patentee (the patent owner) has engaged in inequitable conduct. Duty of candor The U.S. Patent and Trademark Office's Rule 56 explains that patents are "affected with a public interest. The public interest is best served, and the most effective patent examination occurs when, at the time an application is being examined, the Office is aware of and evaluates the teachings o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stare Decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kimble V
Kimble may refer to: Places in the United States *Russell Springs, Kentucky, known as "Kimble" from 1855 until 1901 * Kimble, Missouri, an unincorporated community *Kimble County, Texas People and fictional characters * Kimble (name), a list of people and fictional characters with the surname or given name *Kim Dotcom (born 1974), German-Finnish Internet entrepreneur and political activist also known as "Kimble" Other uses * ''Kimble'' (board game), Finnish version of the board game ''Trouble'' *''Kimble v. Marvel Entertainment, LLC'', Supreme Court decision on patent misuse *Kimble (app), a cloud-based PSA software application *Kimble Chase, an American laboratory equipment manufacturer See also * Kimball (other) *Great and Little Kimble Great and Little Kimble cum Marsh is a civil parish in central Buckinghamshire, England. It is located to the south of Aylesbury. The civil parish altogether holds the ancient ecclesiastical villages of Great Kimble, Little Kimbl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |