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Exhaustion Doctrine Under U.S. Law
:''See also Exhaustion of intellectual property rights for a general introduction not limited to U.S. law.'' The exhaustion doctrine, also referred to as the first sale doctrine, is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after a so-called authorized sale. Under the doctrine, once an authorized sale of a patented article occurs, the patent holder's exclusive rights to control the use and sale of that article are said to be "exhausted," and the purchaser is free to use or resell that article without further restraint from patent law. However, under the repair and reconstruction doctrine, the patent owner retains the right to exclude purchasers of the articles from making the patented invention anew (i.e., making another article), unless it is specifically authorized by the patentee to do so. Procedurally, the patent exhaustion doctrine operates as an affirmative defense, shielding autho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exhaustion Of Intellectual Property Rights
The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights. Once a given product has been sold under the authorization of the IP owner, the reselling, rental, lending and other third party commercial uses of IP-protected goods in domestic and international markets is governed by the principle. After a product covered by an IP right, such as by a patent right, has been sold by the IP right owner or by others with the consent of the owner, the IP right is said to be exhausted. It can no longer be exercised by the owner. This limitation is also referred to as the exhaustion doctrine or first sale doctrine. For example, if an inventor obtains a patent on a new kind of umbrella, the inventor (or anyone else to whom he sells his patent) can legally prohibit other companies from making and selling this kind of umbrella, but can not prohibit customers who have bought this umbrella from the patent owner from reselling the umbrella to thir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Method (patent)
In United States patent law, a method, also called "process", is one of the four principal categories of things that may be patented through "utility patents". The other three are a machine, an article of manufacture (also termed a ''manufacture''), and a composition of matter. In that context, a method is a series of steps for performing a function or accomplishing a result. While the terms ''method'' and ''process'' are largely interchangeable, ''method'' usually refers to a way to use a product to accomplish a given result, and ''process'' usually refers to a series of steps in manufacture. Thus, one might speak about a method for curing headaches that comprises the administration of a therapeutically effective dose of aspirin or speak about a process for making soap or candles. Not all methods, in the dictionary sense, are methods for purposes of United States patent law. The case law Case law, also used interchangeably with common law, is law that is based on precedent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property Law Of The European Union
An intellectual is a person who engages in critical thinking, research, and reflection about the reality of society, and who proposes solutions for the normative problems of society. Coming from the world of culture, either as a creator or as a mediator, the intellectual participates in politics, either to defend a concrete proposition or to denounce an injustice, usually by either rejecting or producing or extending an ideology, and by defending a system of values. Etymological background "Man of letters" The term "man of letters" derives from the French term ''belletrist'' or ''homme de lettres'' but is not synonymous with "an academic". A "man of letters" was a literate man, able to read and write, as opposed to an illiterate man in a time when literacy was rare and thus highly valued in the upper strata of society. In the 17th and 18th centuries, the term ''Belletrist(s)'' came to be applied to the ''literati'': the French participants in—sometimes referred to as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Leyland Motor Corp V Armstrong Patents Co
''British Leyland Motor Corp. v Armstrong Patents Co.'' is a 1986 decision of the House of Lords concerning the doctrine of non-derogation from grants. This doctrine is comparable to, but somewhat broader than, the doctrine of legal estoppel, assignor estoppel, or estoppel by deed in U.S. law. Under the doctrine of non-derogation from grants, a seller of realty or (after this decision) goods is not permitted to take any action (such as bringing an infringement action) that would lessen the value to the buyer of the thing sold. Background The factual context of the ''Leyland'' case was that British Leyland (BL), the owner of copyright in drawings of the exhaust pipe of a motor car (the Morris Marina) having sold or authorized the sale of the motor car, sought to use the law against copyright infringement to prevent the aftermarket sale of replacement exhaust pipes to purchasers of those motor cars. British Leyland's cars reproduced the drawings in a three dimensional form. Arm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Set-top Box
A set-top box (STB), also colloquially known as a cable box and historically television decoder, is an information appliance device that generally contains a TV-tuner input and displays output to a television set and an external source of signal, turning the source signal into content in a form that can then be displayed on the television screen or other display device. They are used in cable television, satellite television, and over-the-air television systems as well as other uses. According to the ''Los Angeles Times'', the cost to a cable provider in the United States for a set-top box is between $150 for a basic box to $250 for a more sophisticated box. In 2016, the average pay-TV subscriber paid $231 per year to lease their set-top box from a cable service provider. TV signal sources The signal source might be an Ethernet cable, a satellite dish, a coaxial cable (see cable television), a telephone line (including DSL connections), broadband over power lines ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fact Pattern
A fact pattern or fact situation is a summary of the key facts of a particular legal case, presented without any associated discussion of their legal consequences. For example, at common law, " Murder is the killing of another human being with malice aforethought and without justification or excuse." The elements of the crime are killing (actus reus) and malice aforethought i.e. intentional action ( mens rea). Possible defenses include legal justification (e.g. self-defense) or excuse (e.g. no '' mens rea'' due to legal insanity). The fact pattern from a homicide case might be: : "The defendant returned home at night and discovered an armed burglar within the home, and then killed the burglar." The fact pattern can be analyzed to determine whether the elements of the crime exist and, if so, what defenses may be available to the defendant, such as in this case, the right to self defense and the lack of a duty to retreat in one's own home ("castle doctrine A castle doctrine, als ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Institutes Of The Lawes Of England
The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the common law, they have been cited in over 70 cases decided by the Supreme Court of the United States, including several landmark cases. For example, in '' Roe v. Wade'' (1973), Coke's ''Institutes'' are cited as evidence that under old English common law, an abortion performed before quickening was not an indictable offence. In the much earlier case of ''United States v. E. C. Knight Co.'' (1895), Coke's ''Institutes'' are quoted at some length for their definition of monopolies. The ''Institutes's'' various reprinted editions well into the 19th century is a clear indication of the long lasting value placed on this work throughout especially the 18th century in Britain and Europe. It has also been associated through the years with high literary connections. For example, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, 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 criminal, bankruptcy, immigration, or 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 Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges. The court occupies the Howard T. Markey ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Field-of-use Limitation
A field-of-use limitation is a provision in a patent license that limits the scope of what the patent owner authorizes a manufacturing licensee (that is, a licensee that manufactures a patented product or performs a patented process) to do in relation to the patent, by specifying a defined field of use—that is, a defined field of permissible operation by the licensee. In addition to affirmatively specifying the field of use, the license may negatively specify a field or fields, by specifying fields of use from which the licensee is excluded. By way of example, such a license might authorize a licensee to manufacture patented engines only for incorporation into trucks, or to manufacture a chemical only for sale to farmers (as contrasted with home gardeners). If the licensee exceeded the scope of the licensee, it would commit patent infringement. More generally, this kind of license permits the licensee to use the patented invention in some, but not all, possible ways in which the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exhausted Combination Doctrine
The exhausted combination doctrine, also referred to as the doctrine of the ''Lincoln Engineering'' case, is the doctrine of U.S. patent law that when an inventor invents a new, unobvious device and seeks to patent not merely the new device but also the combination of the new device with a known, conventional device with which the new device cooperates in the conventional and predictable way in which devices of those types have previously cooperated, the combination is unpatentable as an "exhausted combination" or "old combination". The doctrine is also termed the doctrine of the ''Lincoln Engineering'' case because the United States Supreme Court explained the doctrine in its decision in ''Lincoln Engineering Co. v. Stewart-Warner Corp.'' The ''Lincoln Engineering'' decision In ''Lincoln Engineering'', the inventor invented a new and improved coupling device to attach a nozzle to a grease gun. The patent, however, claimed the whole combination of grease gun, nozzle, and couplin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intel
Intel Corporation is an American multinational corporation and technology company headquartered in Santa Clara, California, Santa Clara, California. It is the world's largest semiconductor chip manufacturer by revenue, and is one of the developers of the x86 series of instruction sets, the instruction sets found in most personal computers (PCs). Delaware General Corporation Law, Incorporated in Delaware, Intel ranked No. 45 in the 2020 Fortune 500, ''Fortune'' 500 list of the largest United States corporations by total revenue for nearly a decade, from 2007 to 2016 fiscal years. Intel supplies microprocessors for List of computer system manufacturers, computer system manufacturers such as Acer Inc., Acer, Lenovo, HP Inc., HP, and Dell Technologies, Dell. Intel also manufactures motherboard chipsets, network interface controllers and integrated circuits, flash memory, Graphics processing unit, graphics chips, Embedded system, embedded processors and other devices related to com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
LG Electronics
LG Electronics Inc. () is a South Korean multinational electronics company headquartered in Yeouido-dong, Seoul, South Korea. LG Electronics is a part of LG Corporation, the fourth largest ''chaebol'' in South Korea, and often considered as the pinnacle of LG Corp with the group's chemical and battery division LG Chem. It comprises four business units: home entertainment, mobile communications, home appliances & air solutions, and vehicle components. LG Electronics acquired Zenith in 1995 and the largest shareholder of LG Display, world's largest display company by revenue in 2020. LG Electronics is also the world's second largest TV manufacturer behind Samsung Electronics. The company has 128 operations worldwide, employing 83,000 people. History 1958–1960s In 1958, LG Electronics was founded as ''GoldStar'' (). It was established in the aftermath of the Korean War to provide the rebuilding nation with domestically produced consumer electronics and home applianc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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