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Microsoft V. Motorola
''Microsoft Corp. v. Motorola Inc.'', 696 F.3d 872 (9th Cir. 2012) was a United States Court of Appeals for the Ninth Circuit case about Reasonable and Non-Discriminatory (RAND) Licensing and foreign anti-suit injunction. The case was originally filed by Microsoft against Motorola in the Western District Court of Washington on November 9, 2010, claiming that Motorola had violated its reasonable and non-discriminatory licensing agreement to which Microsoft was a third-party beneficiary. The district court ruled that a company's agreement with a standards organization to provide Reasonable and non-discriminatory (RAND) terms of licensing to all other parties constitutes a contract that is enforceable by third parties. While the U.S. domestic contract litigation had been proceeding, Motorola sued Microsoft in Germany for patent infringement in July 2011. The German district court granted Motorola an injunction prohibiting Microsoft from selling allegedly infringing products in G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases. Headquartered in San Francisco, California, the Ninth Circuit is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hold-up Problem
In economics, the hold-up problem is central to the theory of incomplete contracts, and shows the difficulty in writing complete contracts. A hold-up problem arises when two factors are present: # Parties to a future transaction must make noncontractible relationship-specific investments before the transaction takes place. # The specific form of the optimal transaction (such as quality-level specifications, time of delivery, what quantity of units) cannot be determined with certainty beforehand.Rogerson, W.P. (1992). Contractual Solutions to the Hold-Up Problem. ''The Review of Economic Studies, 4''(59), 777-793. The hold-up problem is a situation where two parties may be able to work most efficiently by cooperating but refrain from doing so because of concerns that they may give the other party increased bargaining power and thus reduce their own profits. When party A has made a prior commitment to a relationship with party B, the latter can 'hold up' the former for the val ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Patent Case Law
This is a list of notable patent law cases in the United States in chronological order. The cases have been decided notably by the United States Supreme Court, the United States Court of Appeals for the Federal Circuit (CAFC) or the Board of Patent Appeals and Interferences (BPAI). While the Federal Circuit (CAFC) sits below the Supreme Court in the hierarchy of U.S. federal courts, patent cases only have the right of appeal to the Federal Circuit. The U.S. Supreme Court will only review cases on a discretionary basis and rarely decides patent cases. Unless overruled by a Supreme Court case, Federal Circuit decisions can dictate the results of both patent prosecution and litigation as they are universally binding on all United States district courts and the United States Patent and Trademark Office. An incomplete list of United States Supreme Court patent case law can be found here. Early cases (before 1900) *'' Tyler v. Tuel'' - Supreme Court, 1810. Held that an assignee of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Ninth 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] |
2012 In United States Case Law
1 (one, unit, unity) is a number, numeral, and glyph. It is the first and smallest positive integer of the infinite sequence of natural numbers. This fundamental property has led to its unique uses in other fields, ranging from science to sports, where it commonly denotes the first, leading, or top thing in a group. 1 is the unit of counting or measurement, a determiner for singular nouns, and a gender-neutral pronoun. Historically, the representation of 1 evolved from ancient Sumerian and Babylonian symbols to the modern Arabic numeral. In mathematics, 1 is the multiplicative identity, meaning that any number multiplied by 1 equals the same number. 1 is by convention not considered a prime number. In digital technology, 1 represents the "on" state in binary code, the foundation of computing. Philosophically, 1 symbolizes the ultimate reality or source of existence in various traditions. In mathematics The number 1 is the first natural number after 0. Each natural number, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smartphone Patent Wars
The smartphone wars or smartphone patents licensing and litigation refers to commercial struggles among smartphone manufacturers including Sony Mobile, Google, Apple Inc., Samsung, Microsoft, Nokia, Motorola, Huawei, LG Electronics, ZTE and HTC, by patent litigation and other means. The conflict is part of the wider "patent wars" between technology and software corporations. To secure and increase market share, companies granted a patent can sue to prevent competitors from using the methods the patent covers. Since 2010 the number of lawsuits, counter-suits, and trade complaints based on patents and designs in the market for smartphones, and devices based on smartphone OSes such as Android and iOS, has increased significantly. Timeline Initial suits, countersuits, rulings, license agreements, and other major events in ''italics'': 2009 The pattern of suing and countersuing really began in 2009 as growth in the demand for smartphones accelerated dramatically with the adven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a Legal case, case, Transactional law, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictionary'' (11th ed. 2019). This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case.Restatement of the Law—Conflict of Laws, ''§2: Subject Matter of Conflict of Laws'' (American Law Institute 1971). These issues can arise in any private law context, but they are especially prevalent in contract law and tort law. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Shopping
Forum shopping is a Colloquialism, colloquial term for the practice of litigants taking actions to have their legal case heard in the court they believe is most likely to provide a favorable judgment. Some jurisdiction (area), jurisdictions have, for example, become known as "plaintiff-friendly" and thus have attracted plaintiffs to file new cases there, even if there is little or no connection between the legal issues and the jurisdiction. The term became more widely used as a result of legal developments that expanded the number of available forums for litigants to bring cases, thus allowing litigants to effectively "shop" for the forum they believe will provide the best outcome. For example, in ''International Shoe Co. v. Washington'' (1945), the U.S. Supreme Court expanded the concept of personal jurisdiction to allow courts to hear disputes over defendants who had only 'minimum contacts' with its jurisdiction. Foreign litigants were also attracted to file suits in the Unite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bad Faith
Bad faith (Latin: ''mala fides'') is a sustained form of deception which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another."of two hearts ... a sustained form of deception which consists in entertaining or pretending to entertain one set of feelings, and acting as if influenced by another; bad faith", ''Webster's Dictionary'', 1913 It is associated with hypocrisy, breach of contract, affectation, and lip service. It may involve intentional deceit of others, or self-deception. Some examples of bad faith include: soldiers waving a white flag and then firing when their enemy approaches to take prisoners (cf. perfidy); a company representative who negotiates with union workers while having no intent of compromising;"Bad Faith Negotiation," Union Voice a prosecutor who argues a legal position that he knows to be false; and an insurer who uses language and reasoning which are deliberately misleading in order to deny ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Convention
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term ''European patent'' is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure before the European Patent Office, opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royalties
A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation.Guidelines for Evaluation of Transfer of Technology Agreements, United Nations, New York, 1979 A royalty interest is the right to collect a stream of future royalty payments. A license agreement defines the terms under which a resource or property are licensed by one party ( party means the periphery behind it) to another, either without restriction or subject to a limitation on term, business or geographic territory, type of product, etc. License agreements can be regulated, particularly where a government is the resource owner, or they can be private contracts that follow a general structure. However, certain types of franchise ag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
