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Patent Thickets
A patent thicket is "an overlapping set of patent rights" which requires innovators to reach licensing deals for multiple patents. This concept has negative connotations and has been described as "a dense web of overlapping intellectual property rights that a company must hack its way through in order to actually commercialize new technology". Etymology The expression may come from ''SCM Corp. v. Xerox Corp.,'' 645 F.2d 1195 (2d Cir. 1981), a patent litigation case in the 1970s, wherein SCM's central charge had been that Xerox constructed a "patent thicket" to prevent competition. Uses and alternative names Patent thickets are used to defend against competitors designing around a single patent. It has been suggested by some that this is particularly true in fields such as software or pharmaceuticals, but Sir Robin Jacob has pointed out that "every patentee of a major invention is likely to come up with improvements and alleged improvements to his invention" and that "it is in ...
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Connotation
A connotation is a commonly understood cultural or emotional association that any given word or phrase carries, in addition to its explicit or literal meaning, which is its denotation. A connotation is frequently described as either positive or negative, with regard to its pleasing or displeasing emotional connection. For example, a stubborn person may be described as being either ''strong-willed'' or ''pig-headed''; although these have the same literal meaning (''stubborn''), ''strong-willed'' connotes admiration for the level of someone's will (a positive connotation), while ''pig-headed'' connotes frustration in dealing with someone (a negative connotation). Usage "Connotation" branches into a mixture of different meanings. These could include the contrast of a word or phrase with its primary, literal meaning (known as a denotation), with what that word or phrase specifically denotes. The connotation essentially relates to how anything may be associated with a word or phras ...
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AntiTrust
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law; the act of pushing for antitrust measures or attacking monopolistic companies (known as Trust (business), trusts) is commonly known as trust busting. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern co ...
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Patent Portfolio
A patent portfolio is a collection of patents owned by a single entity, such as an individual or corporation. The patents may be related or unrelated. Patent applications may also be regarded as included in a patent portfolio. The monetary benefits of a patent portfolio include a market monopoly position for the portfolio holder and revenue from licensing the intellectual property. Non-monetary benefits include strategic advantages like first-mover advantages and defense against rival portfolio holders. Constituting a patent portfolio may also be used to encourage investment. Because patents have a fixed lifespan (term of patent), elements of a portfolio of patents constantly expire and enter the public domain. Market value and evaluation The value of a corporation's patent portfolio can be a significant fraction of the overall value of the corporation. Ocean Tomo LLC, for example, maintains an index of corporations whose market value is governed in large part by their patent p ...
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Patent Pool
In patent law, a patent pool is a consortium of two or more companies agreeing to cross-license patents relating to a particular technology. The creation of a patent pool can save patentees and licensees time and money, and, in case of blocking patents, it may also be the only reasonable method for making the invention available to the public. Competition law issues are usually important when a large consortium is formed. History In 1856, sewing machine manufacturers Grover & Baker, Singer, and Wheeler & Wilson, all accusing each other of patent infringement, met in Albany, New York to pursue their suits. Orlando B. Potter, a lawyer and president of Grover & Baker, proposed that, rather than squander their profits on litigation, they pool their patents. This was the first patent pool, a process which enables the production of complicated machines without legal battles over patent rights. In 1917, the two major patent holders for airplanes, the Wright Company and the Curtiss ...
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Patent Map
A patent map is a graphical model of patent visualisation. This practice "enables companies to identify the patents in a particular technology space, verify the characteristics of these patents, and ... identify the relationships among them, to see if there are any zones of infringement." Patent mapping is also referred to as patent landscaping. See also * Patent analysis References {{Reflist External links Patent statistics and patent mapping FAQat the European Patent Office Guide Book for Practical Use of "Patent Map for Each Technology Field"
Invention Research Institute, Japan Institute of Invention and Innovation, Japan Patent Office, Asia-Pacific Industrial Property Center, JIII (2000) Management frameworks Patent law, Map, patent ...
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Patent Ambush
A patent ambush occurs when a member of a standards organization, standard-setting organization withholds information, during participation in development and setting a Technical standard, 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 a ...
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Seventh Circuit
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of Illinois * Southern District of Illinois * Northern District of Indiana * Southern District of Indiana * Eastern District of Wisconsin * Western District of Wisconsin The court is based at the Dirksen Federal Building in Chicago and is composed of eleven appellate judges. It is one of 13 United States courts of appeals. The court offers a relatively unique internet presence that includes wiki and RSS feeds of opinions and oral arguments. It is also notable for having one of the most prominent law and economics scholars, Judge Frank Easterbrook, on its court. Richard Posner, another prominent law and economics scholar, also served on this court until his retirement in 2017. Three judges from the Seventh Circuit, Sherman Minton, John ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents Federal government of the United States, Congress from making laws respecting an Establishment Clause, establishment of religion; prohibiting the Free Exercise Clause, free exercise of religion; or abridging the Freedom of speech in the United States, freedom of speech, the Freedom of the press in the United States, freedom of the press, the freedom of assembly, or the Right to petition in the United States, right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the United States Bill of Rights, Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first. The Bill of Rights was proposed to assuage Anti-Federalism, Anti-Federalist oppo ...
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Generic Drug
A generic drug is a pharmaceutical drug that contains the same chemical substance as a drug that was originally protected by chemical patents. Generic drugs are allowed for sale after the patents on the original drugs expire. Because the active chemical substance is the same, the medical profile of generics is equivalent in performance compared to their performance at the time when they were patented drugs. A generic drug has the same active pharmaceutical ingredient (API) as the original, but it may differ in some characteristics such as the manufacturing process, formulation, excipients, color, taste, and packaging. Although they may not be associated with a particular company, generic drugs are usually subject to government regulations in the countries in which they are dispensed. They are labeled with the name of the manufacturer and a generic non-proprietary name such as the United States Adopted Name (USAN) or International Nonproprietary Name (INN) of the drug. A generic ...
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AbbVie
AbbVie Inc. is an American pharmaceutical company headquartered in North Chicago, Illinois. It is ranked sixth on the list of largest biomedical companies by revenue. In 2023, the company's seat in Forbes Global 2000 was 74, and rank 89 on the 2024 list. The company's primary product is Humira (adalimumab) ($14billion in 2023 revenues, 27percent of total), administered via injection. It is approved to treat autoimmune diseases including rheumatoid arthritis, Crohn's disease, plaque psoriasis, and ulcerative colitis. It developed Skyrizi ($7.8billion in 2023 revenues), an interleukin-23 (IL-23) inhibitor also used to treat autoimmune diseases. Its other major products include Botox ($5.7billion in 2023 revenues), Imbruvica to treat cancer ($3.6billion in 2023 revenues), Rinvoq to treat arthritis ($4billion in 2023 revenues), Venclexta to treat leukemia and lymphoma ($2.3billion in 2023 revenues), Vraylar to treat schizophrenia and bipolar disorder ($2.7billion in 2023 ...
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Humira
Adalimumab, sold under the brand name Humira and others, is a disease-modifying antirheumatic drug and monoclonal antibody used to treat rheumatoid arthritis, juvenile idiopathic arthritis, psoriatic arthritis, ankylosing spondylitis, Crohn's disease, ulcerative colitis, plaque psoriasis, hidradenitis suppurativa, and uveitis. It is administered by subcutaneous injection (injection under the skin). It works by inactivating tumor necrosis factor-alpha ( TNFα). Common side effects include upper respiratory tract infections, pain at the site of injection, rash, and headache. Other side effects may include serious infections, cancer, anaphylaxis, reactivation of hepatitis B, new onset or exacerbation of demyelinating diseases (such as multiple sclerosis), heart failure, liver failure, and aplastic anemia. Use during pregnancy is not recommended, but some sources show use during breastfeeding may be safe. Adalimumab was approved for medical use in the United States in 2002. It ...
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Innovation
Innovation is the practical implementation of ideas that result in the introduction of new goods or service (economics), services or improvement in offering goods or services. ISO TC 279 in the standard ISO 56000:2020 defines innovation as "a new or changed entity, realizing or redistributing value (economics), value". Others have different definitions; a common element in the definitions is a focus on newness, improvement, and spread of ideas or technologies. Innovation often takes place through the development of more-effective product (business), products, processes, Service (economics), services, technologies, art works or business models that innovators make available to Market (economics), markets, governments and society. Innovation is related to, but not the same as, ''invention'': innovation is more apt to involve the practical implementation of an invention (i.e. new / improved ability) to make a meaningful impact in a market or society, and not all innovations requir ...
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