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Motorola Mobility V. Apple Inc.
''Motorola Mobility v. Apple Inc.'' was one of a series of lawsuits between technology companies Motorola Mobility and Apple Inc. In the year before Apple and Samsung began suing each other on most continents, and while Apple and High Tech Computer Corp. (HTC) were already embroiled in a patent fight, Motorola Mobility and Apple started a period of intense patent litigation. The Motorola-Apple patent imbroglio commenced with claims and cross-claims between the companies for patent infringement, and encompassed multiple venues in multiple countries as each party sought friendly forums for litigating its respective claims; the fight also included administrative law rulings as well as United States International Trade Commission (ITC) and European Commission involvement. In April 2012, the controversy centered on whether a FRAND license to a components manufacturer carries over to an equipment manufacturer incorporating the component into equipment, an issue not addressed in the ...
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Lawsuit
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgmen ...
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Allegation
In law, an allegation is a claim of an unproven fact by a party in a pleading, charge, or defense. Until they can be proved, allegations remain merely assertions. Types of allegations Marital allegations There are also marital allegations: marriage bonds and allegations exist for couples who applied to marry by licence. They do not exist for couples who married by banns. The marriage allegation was the document in which the couple alleged (or most frequently just the groom alleged on behalf of both of them) that there were no impediments to the marriage. Civil complaints Generally, in a civil complaint, a plaintiff alleges facts sufficient to establish all the elements of the claim and thus states a cause of action. The plaintiff must then carry the burden of proof and the burden of persuasion in order to succeed in the lawsuit. A defendant can allege affirmative defenses in its answer to the complaint. Other allegations are required in a pleading to establish the corr ...
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Administrative Law Judge
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law, thus involving administrative units of the executive branch of government. ALJs can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations. In the United States, the United States Supreme Court has recognized that the role of a federal administrative law judge is "functionally comparable" to that of an Article III judge. An ALJ's powers are often, if not generally, comparable to those of a trial judge, as ALJs may issue subpoenas, rule on proffers of evidence, regulate the course of the hearing, and make or recommend decisions. Depending upon the agency's jurisdiction, proceedings may have complex multi-party adjudication, as is the case with the Federal Energy Regulatory Commission, or simplified and less formal procedures, as is the case with th ...
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Motorola
Motorola, Inc. () was an American multinational telecommunications company based in Schaumburg, Illinois. It was founded by brothers Paul and Joseph Galvin in 1928 and had been named Motorola since 1947. Many of Motorola's products had been radio-related communication equipment such as two-way radios, consumer walkie-talkies, cellular infrastructure, mobile phones, satellite communicators, pagers, as well as cable modems and semiconductors. After having lost $4.3 billion from 2007 to 2009, Motorola was split into two independent public companies: Motorola Solutions (its legal successor) and Motorola Mobility (spun off), on January 4, 2011. Motorola designed and sold wireless network equipment such as cellular transmission base stations and signal amplifiers. Its business and government customers consisted mainly of wireless voice and broadband systems (used to build private networks), and public safety communications systems like Astro and Dimetra. Motorola's h ...
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United States District Court For The District Of Delaware
The United States District Court for the District of Delaware (in case citations, D. Del.) is the United States district court, Federal district court having jurisdiction over the entire state of Delaware. The Court sits in Wilmington, Delaware, Wilmington. Because Delaware is the state of incorporation for Delaware#Incorporation_in_Delaware, most major U.S. corporations, the District of Delaware hears and tries many patent and other complex commerce, commercial disputes that must be heard in federal court for Diversity jurisdiction, diversity of citizenship reasons, and hears many appeals from bankruptcy disputes which are filed with the United States Bankruptcy Court for the District of Delaware. Appeals from the Court are heard by the United States Court of Appeals for the Third Circuit, which sits in Philadelphia, Pennsylvania (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for th ...
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NeXT
NeXT, Inc. (later NeXT Computer, Inc. and NeXT Software, Inc.) was an American technology company headquartered in Redwood City, California that specialized in computer workstations for higher education and business markets, and later developed web software. It was founded in 1985 by CEO Steve Jobs, the Apple Computer co-founder who had been forcibly removed from Apple that year. NeXT debuted with the NeXT Computer in 1988, and released the NeXTcube and smaller NeXTstation in 1990. The series had relatively limited sales, with only about 50,000 total units shipped. Nevertheless, the object-oriented programming and graphical user interface were highly influential trendsetters of computer innovation. NeXT partnered with Sun Microsystems to create a API, programming environment called OpenStep, which decoupled the NeXTSTEP operating system's application layer to host it on third-party operating systems. In 1993, NeXT withdrew from the hardware industry to concentrate on marketing ...
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Declaratory Judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous to ...
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Digital Video Recorder
A digital video recorder (DVR), also referred to as a personal video recorder (PVR) particularly in Canadian and British English, is an electronic device that records video in a digital format to a disk drive, USB flash drive, SD memory card, SSD or other local or networked mass storage device. The term includes set-top boxes (STB) with direct to disk recording, portable media players and TV gateways with recording capability, and digital camcorders. Personal computers can be connected to video capture devices and used as DVRs; in such cases the application software used to record video is an integral part of the DVR. Many DVRs are classified as consumer electronic devices. Similar small devices with built-in (~5 inch diagonal) displays and SSD support may be used for professional film or video production, as these recorders often do not have the limitations that built-in recorders in cameras have, offering wider codec support, the removal of recording time limitations and hig ...
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Set-top Box
A set-top box (STB), also known as a cable converter box, cable box, receiver, or simply box, and historically television decoder or a converter, is an information appliance device that generally contains a Tuner (radio)#Television, TV tuner input and displays output to a television set, turning the source signal into media (communications), content in a form that can then be displayed on the television screen or other display device. It is designed to be placed alongside or "on top" (hence the name) of a television set. Set-top boxes are used in cable television, satellite television, terrestrial television and Internet Protocol television systems, as well as other uses such as digital media players ("streaming boxes"). Alternatives to set-top boxes are the smaller dongles, and television sets with built-in TV tuners. TV signal sources The signal source might be an Ethernet cable, a satellite dish, a coaxial cable (see cable television), a telephone line (including Digital subs ...
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Mobile Device
A mobile device or handheld device is a computer small enough to hold and operate in hand. Mobile devices are typically battery-powered and possess a flat-panel display and one or more built-in input devices, such as a touchscreen or keypad. Modern mobile devices often emphasize wireless networking, to both the Internet and to other devices in their vicinity, such as headsets or in-car entertainment systems, via Wi-Fi, Bluetooth, cellular networks, or near-field communication. Characteristics Device mobility can be viewed in the context of several qualities: * Physical dimensions and weight * Whether the device is mobile or some kind of host to which it is attached is mobile * What kind of host devices it can be bound with * How devices communicate with a host * When mobility occurs Strictly speaking, many so-called mobile devices are not mobile. It is the host that is mobile, i.e., a mobile human host carries a non-mobile smartphone device. An example of a true mobile co ...
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United States District Court For The Western District Of Wisconsin
The United States District Court for the Western District of Wisconsin (in case citations, W.D. Wis.) is a federal court in the Seventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The district was established on June 30, 1870. the acting United States attorney is Timothy M. O’Shea. Organization of the court The United States District Court for the Western District of Wisconsin is one of two federal judicial districts in Wisconsin. Court for the Western District is held at Madison. The district comprises the following counties: Adams, Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Columbia, Crawford, Dane, Douglas, Dunn, Eau Claire, Grant, Green, Iowa, Iron, Jackson, Jefferson, Juneau, La Crosse, Lafayette, Lincoln, Marathon, Monroe, Oneida, Pepin, Pierce, Polk, Portage, Price, Richland, Rock, Rusk, Sauk, St. Croix, Sawyer, ...
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Counterclaim
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims." Examples of counterclaims include: * After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). * Two cars collide. After one person sues for damage to his/her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims. United States In U.S. federal courts, counterclaims can arise on various occasions, including e.g.: *an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; *a different claim by the defendant again ...
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