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Comprehensive Techs. Int'l, Inc. V. Software Artisans, Inc.
''Comprehensive Technologies International, Inc. v. Software Artisans, Inc.'', 3 F.3d 730 (4th Cir. 1993) was a case in which the U.S. Court of Appeals for the Fourth Circuit discussed legal tests for software copyright infringement, and ruled that trade secret misappropriation requires more than circumstantial evidence. The case also ruled on what terms may be reasonable and enforceable in non-compete agreements. Background Virginia-based Comprehensive Technologies International (CTI) primarily dealt with defense-related services. In 1988, they created a software group and expanded into Electronic Data Interchange with Claims Express, targeted at the medical industries, and EDI Link, designed to make and use a range of forms. In February 1991, with EDI Link incomplete, seven CTI employees left the company and formed Software Artisans, Inc. (SA) in April 1991. Software Artisans created a program called Transend which also used EDI transmission to send forms. Transend was devel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a United States federal court, federal court located in Richmond, Virginia, with appellate jurisdiction over the United States district court, district courts in the following United States federal judicial district, districts: *United States District Court for the District of Maryland, District of Maryland *United States District Court for the Eastern District of North Carolina, Eastern District of North Carolina *United States District Court for the Middle District of North Carolina, Middle District of North Carolina *United States District Court for the Western District of North Carolina, Western District of North Carolina *United States District Court for the District of South Carolina, District of South Carolina *United States District Court for the Eastern District of Virginia, Eastern District of Virginia *United States District Court for the Western District of Virginia, Western Dist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of Copyright#Scope, works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to produce derivative works. The copyright holder is usually the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in Civil law (common law), civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, or the fraudulent imitation of a product or brand, is sometimes prosecuted via the criminal justice system. Shifting ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Fourth 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 * ''The United'' (film), an unreleased Arabic-language 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 * "United (Who We Are)", a song by XO-IQ, featured in the television ser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uniform Trade Secrets Act
The Uniform Trade Secrets Act (UTSA), published by the Uniform Law Commission (ULC) in 1979 and amended in 1985, is a model law designed for adoption by U.S. state, U.S. states. It was developed to resolve inconsistencies in the treatment of Trade secret, trade secrets across different states. The UTSA provides unitary definitions for "trade secret" and "trade secret misappropriation" and establishes a single statute of limitations, replacing the varied property, quasi-contractual, and fiduciary liability frameworks previously applied under common law. To date, 49 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands have adopted the UTSA, with New York as the remaining exceptions. Motivation A prefatory note to the UTSA states some original motivations for the act: The UTSA made note of the commercial value and competitive advantages inherent in trade secrets. Unlike patent protection, which was addressed at the Federal government of the United States, f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remand (court Procedure)
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand cause and ... require such further proceedings to be had as may be just under the circumstances.". This includes the power to make summary "grant, vacate and remand" (GVR) orders.''Lawrence v. Chater'', (per curiam), p. 166. Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment ( continuance) of criminal proceedings, when the accused is either remanded in custody or on bail. Appellate courts are said to remit matters to lower courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vacated Judgment
A vacated judgment (also known as vacatur relief) is a legal judgment that legally voids a previous legal judgment. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appel ... may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or '' sua sponte'' (at the court's initiative). A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment. Another means of having a vacated judgment would be if the defendant dies prior to all appeals being exhausted. Notable defendants having their convictions vac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-compete Clause
In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). In the labor market, these agreements prevent workers from freely moving across employers, and weaken the bargaining leverage of workers. Non-compete agreements are rooted in the medieval system of apprenticeship whereby an older master craftsman took on a younger apprentice, trained the apprentice, and in some cases entered into an agreement whereby the apprentice could not compete with the master after the apprenticeship. Modern uses of non-compete agreements are generally premised on preventing high-skilled workers from transferring trade secrets or a customer list from one firm to a competing firm, thus giving the competing firm a competitive advantage. However, many non-compete clauses apply t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mark A
Mark may refer to: In the Bible * Mark the Evangelist (5–68), traditionally ascribed author of the Gospel of Mark * Gospel of Mark, one of the four canonical gospels and one of the three synoptic gospels Currencies * Mark (currency), a currency or unit of account in many nations * Bosnia and Herzegovina convertible mark, the currency of Bosnia and Herzegovina * East German mark, the currency of the German Democratic Republic * Estonian mark, the currency of Estonia between 1918 and 1928 * Finnish markka (), the currency of Finland from 1860 until 28 February 2002 * Polish mark (), the currency of the Kingdom of Poland and of the Republic of Poland between 1917 and 1924 German * Deutsche Mark, the official currency of West Germany from 1948 until 1990 and later the unified Germany from 1990 until 2002 * German gold mark, the currency used in the German Empire from 1873 to 1914 * German Papiermark, the German currency from 4 August 1914 * German rentenmark, a currency issue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Whiteboard
A whiteboard (also known as marker board, dry-erase board, dry-wipe board, and pen-board) is a glossy, usually white surface for making non-permanent markings. Whiteboards are analogous to blackboards, but with a smoother surface allowing for rapid marking and erasing of markings on their surface. The popularity of whiteboards increased rapidly in the mid-1990s and they have become a fixture in many offices, meeting rooms, school classrooms, public events and other work environments. The term ''whiteboard'' is also used metaphorically in reference to features of computer software applications that simulate whiteboards. Such "virtual tech whiteboards" allow one or more people to write or draw images on a simulated canvas. This is a common feature of many virtual meetings, collaborations, and instant messaging applications. History It has been widely reported that Korean War veteran and photographer Martin Heit and Albert Stallion, an employee at Alliance, a leading flat roll ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact, such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly, i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inference ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
