Powell V. Home Depot USA, Inc.
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Powell V. Home Depot USA, Inc.
''Powell v. The Home Depot USA, Inc.'', 663 F.3d 1221 (Fed. Cir. 2011), was a decision by the United States Court of Appeals for the Federal Circuit on the issue of patent infringement on a "safe hands" device that Michael Powell, an independent contractor for Home Depot, created in response to injuries to the hands of associates using in-store radial arm saws. Powell invented and patented a device that eliminated the risk of injury. The Home Depot refused to pay Powell for the device and began installing the safety device on its saws without permission. In 2007, Powell sued The Home Depot for patent infringement. After a jury trial in the U.S. District Court for the Southern District of Florida, Powell was awarded damages totaling $20.8 million. Case The lawsuit said that The Home Depot alerted Powell of a safety issue with the saw that was causing injuries. Powell, who had been a 20-year independent contractor with the company, came up with the solution, a "Safe Hands" device, ...
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United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is one of the 13 United States courts of appeals. It has special appellate jurisdiction over certain categories of cases in the U.S. federal court system. Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases. The Federal Circuit has no jurisdiction over any criminal, bankruptcy, immigration, or U.S. state law cases. It is headquartered at the Howard T. Markey National Courts Building in Washington, D.C. The Federal Circuit was created in 1982 with enactment 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 co ...
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Richard Linn
Richard Linn (born April 13, 1944 in Brooklyn, New York) is a Senior United States circuit judge of the United States Court of Appeals for the Federal Circuit. Education and Experience As a youth, Linn attended Poly Prep Country Day School. He earned a Bachelor of Electrical Engineering degree from Rensselaer Polytechnic Institute in 1965. He was a patent examiner, United States Patent and Trademark Office from 1965 to 1968. He earned a Juris Doctor from Georgetown University Law Center in 1969. Linn served as a patent adviser in the Office of Naval Research of the Naval Air Systems Command from 1971 to 1972. He specialized in patent and intellectual property law in private practice at the law firms of Marks & Murase, and Foley & Lardner. Federal judicial service Linn was nominated by President Bill Clinton on September 28, 1999, to a seat on the United States Court of Appeals for the Federal Circuit vacated by Judge Giles Rich. He was confirmed by the United States Senate on N ...
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Timothy B
''Timothy B'' is the second solo studio album by Timothy B. Schmit, the bassist and co-lead vocalist for the Eagles. The album was released in 1987 on MCA Records in the United States and Europe, three years after Schmit's debut solo studio album, '' Playin' It Cool'' (1984) and seven years after the demise of the Eagles. The album peaked at #106 on the ''Billboard'' 200 chart, and the single, " Boys Night Out", hit #25 on the ''Billboard'' Hot 100 chart, becoming Schmit's best selling single. The album was produced by Richard Rudolph, and it was co-produced by Bruce Gaitsch. Background When Schmit was asked about why there were less notable musicians compared to his last album, he said "I decided to stay out of the real glamour studios and to keep the clientele down too. I did it on purpose mainly for less distractions. I mean I really knew what I wanted to do on this album and I decided purposely not to use my famous and semi-famous friends just to have it be more of what I ...
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Sharon Prost
Sharon Prost (born May 24, 1951) is a United States circuit judge of the United States Court of Appeals for the Federal Circuit. Education Prost was born in Newburyport, Massachusetts. She received a Bachelor of Science degree from Cornell University in 1973, a Master of Business Administration from George Washington University in 1975, a Juris Doctor from American University Washington College of Law in 1979, and a Master of Laws from George Washington University Law School in 1984. Career Prior to her confirmation to the Federal Circuit, Prost had served as a lawyer at the Senate Judiciary Committee from 1993 to 2001, lastly as chief counsel. Although the Republicans were in the minority at the time of Prost's nomination, her eight years of service for the committee would have ensured that she was well known by all committee members. Before working for the Senate, she served as an attorney at the Federal Labor Relations Authority from 1980 to 1983, the United States Department ...
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Home Depot
The Home Depot, Inc., often referred to as Home Depot, is an American multinational corporation, multinational home improvement retail corporation that sells tools, construction products, appliances, and services, including fuel and transportation rentals. Home Depot is the largest home improvement retailer in the United States. In 2021, the company had 490,600 employees and more than $151 billion in revenue. The company is headquartered in unincorporated Cobb County, Georgia, with an Atlanta mailing address. Home Depot operates many big-box store, big-box format stores across the United States (including the District of Columbia, Guam, Puerto Rico and the United States Virgin Islands, U.S. Virgin Islands); all 10 provinces of Canada; and all 32 Mexican states and Mexico City. Maintenance, repair, and operations company Interline Brands (The Home Depot Pro) is also owned by The Home Depot, with 70 distribution centers across the United States. It is the seventh List of largest U ...
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Patent Infringement
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mu ...
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United States District Court For The Southern District Of Florida
The United States District Court for the Southern District of Florida (in case citations, S.D. Fla. or S.D. Fl.) is the federal United States district court with territorial jurisdiction over the southern part of the state of Florida. Appeals from cases brought in the Southern District of Florida are to the United States Court of Appeals for the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). History On the same day that Florida was admitted as a state, March 3, 1845, Congress enacted legislation creating the United States District Court for the District of Florida, .Asbury Dickens, ''A Synoptical Index to the Laws and Treaties of the United States of America'' (1852), p. 393.U.S. Distric ...
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West Palm Beach
West Palm Beach is a city in and the county seat of Palm Beach County, Florida, United States. It is located immediately to the west of the adjacent Palm Beach, Florida, Palm Beach, which is situated on a barrier island across the Lake Worth Lagoon. It is the largest city in Palm Beach County, and at the time of the 2020 United States census, 2020 census, its population was 117,415. West Palm Beach is a principal city of the Miami metropolitan area, which was home to 6.14 million people in 2020. It is the oldest incorporated municipality in the South Florida area, incorporated as a city two years before Miami in November 1894. West Palm Beach is located approximately north of Greater Downtown Miami, Downtown Miami. History The beginning of the historic period in south Florida is marked by Juan Ponce de León's first contact with native people in 1513. Europeans found a thriving native population, which they categorized into separate tribes: the Mayaimi in the Lake Okee ...
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Florida
Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic Ocean to the east, the Straits of Florida to the south, and The Bahamas to the southeast. About two-thirds of Florida occupies a peninsula between the Gulf of Mexico and the Atlantic Ocean. It has the List of U.S. states by coastline, longest coastline in the contiguous United States, spanning approximately , not including its many barrier islands. It is the only state that borders both the Gulf of Mexico and the Atlantic Ocean. With a population of over 23 million, it is the List of U.S. states and territories by population, third-most populous state in the United States and ranks List of states and territories of the United States by population density, seventh in population density as of 2020. Florida spans , ranking List of U.S. states ...
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National Law Review
''The National Law Review'' is an American law journal, daily legal news website and legal analysis content-aggregating database. In 2020 and 2021, ''The National Law Review'' published over 20,000 legal news articles and experienced an uptick in readership averaging 4.3 million readers in both March and April 2020, due to the demand for news regarding the COVID-19 Pandemic. The site offers hourly legal news updates and analysis of recent court decisions, regulatory changes and legislative actions and includes a combinations of original content and content submitted by various professionals in the legal and business communities. The online version of ''The National Law Review'' was started as a research tool by a group of corporate attorneys looking to store and classify useful and reputable legal analysis and news they located on the internet. The National Law Review has grown to one of the most widely read business law websites in the United States. The on-line version cont ...
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McDermott Will & Emery
McDermott Will & Emery is an international law firm with a diversified business practice. The firm is one of the largest-grossing law firms in the United States and globally, and its lawyers represent a wide range of commercial, industrial, and financial enterprises. History Chicago lawyers Edward H. McDermott and William M. Emery founded the firm in 1934. They were initially focused as a tax law firm, and a corporate department was established in 1941 when Howard A. Will joined the firm. As the century progressed, the firm added capabilities across the legal spectrum, eventually opening eight more offices. By 1984, the firm had amassed one hundred fifty lawyers. Over the ensuing twenty years, the firm grew; in 2004, McDermott numbered over one thousand lawyers. In November 2023, amid a wave of antisemitic incidents at elite U.S. law schools, McDermott Will & Emery was among a group of major law firms that sent a letter to top law school deans warning them that an escalation in ...
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The Home Depot
The Home Depot, Inc., often referred to as Home Depot, is an American multinational corporation, multinational home improvement retail corporation that sells tools, construction products, appliances, and services, including fuel and transportation rentals. Home Depot is the largest home improvement retailer in the United States. In 2021, the company had 490,600 employees and more than $151 billion in revenue. The company is headquartered in unincorporated Cobb County, Georgia, with an Atlanta mailing address. Home Depot operates many big-box store, big-box format stores across the United States (including the District of Columbia, Guam, Puerto Rico and the United States Virgin Islands, U.S. Virgin Islands); all 10 provinces of Canada; and all 32 Mexican states and Mexico City. Maintenance, repair, and operations company Interline Brands (The Home Depot Pro) is also owned by The Home Depot, with 70 distribution centers across the United States. It is the seventh List of largest U ...
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