Post-sale Restriction
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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 ...
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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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Exhaustion Doctrine Under U
Fatigue describes a state of tiredness that does not resolve with rest or sleep. In general usage, fatigue is synonymous with extreme tiredness or exhaustion that normally follows prolonged physical or mental activity. When it does not resolve after rest or sleep, or occurs independently of physical or mental exertion, it may be a symptom of a medical condition that may become severe or progressive. Fatigue can be a feature of a mental disorder such as depression; may be associated with conditions of chronic pain such as fibromyalgia; it may also feature in conditions of chronic low-level inflammation, and be a disease-related symptom in many other conditions. Fatigue often has no known cause, and is recognised as being very complex in nature. Fatigability describes a susceptibility to fatigue. Physical fatigue results from muscle fatigue brought about by intense physical activity. Mental fatigue results from prolonged periods of cognitive activity which impairs cognitive abil ...
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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 ...
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Obiter Dicta
''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, ''obite ...
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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 ...
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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 jurisdictions ...
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Continental T
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 Ameri ...
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Tetra-ethyl Lead
Tetraethyllead (commonly styled tetraethyl lead), abbreviated TEL, is an organolead compound with the formula Pb( C2H5)4. It is a fuel additive, first being mixed with gasoline beginning in the 1920s as a patented octane rating booster that allowed engine compression to be raised substantially. This in turn increased vehicle performance and fuel economy. TEL was first synthesised by German chemist Carl Jacob Löwig in 1853. American chemical engineer Thomas Midgley Jr., who was working for General Motors, was the first to discover its effectiveness as an antiknock agent in 1921, after spending several years attempting to find an additive that was both highly effective and inexpensive. Concerns were later raised over the toxic effects of lead, especially on children. On cars not designed to operate on leaded gasoline, lead and lead oxides coat the catalyst in catalytic converters, rendering them ineffective, and can sometimes foul spark plugs. Starting in the 1970s, many count ...
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Ethyl Gasoline Corporation
Ethyl Corporation is a fuel additive company headquartered in Richmond, Virginia, in the United States. The company is a distributor of fuel additives. Among other products, Ethyl Corporation distributes tetraethyl lead, an additive used to make leaded gasoline. History Founded in 1923, Ethyl Corp was formed by General Motors and Standard Oil of New Jersey (Esso). General Motors had the "use patent" for tetraethyllead (TEL) as an antiknock, based on the work of Thomas Midgley Jr., Charles Kettering, and later Charles Allen Thomas,Ralph Landau"Charles Allen Thomas," ''Memorial Tributes'' vol. 2, National Academy of Engineering and Esso had the patent for the manufacture of TEL. Since the patents affected the marketing of TEL, General Motors and ESSO formed Ethyl Corp; each parent company had a 50% stake in the new corporation. Since neither company had chemical plant experience, they hired Dupont to operate the manufacturing facilities. After patents ran out, Dupont started manufac ...
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