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Patent Infringement Under United States Law
In the United States, a valid patent provides its proprietor with the right to exclude others from practicing the invention claim (patent), claimed in that patent. A person who practices that invention without the permission of the patent holder patent infringement, infringes that patent. More specifically, an infringement occurs where the defendant has made, used, sold, offered to sell, or imported an infringing invention or its doctrine of equivalents, equivalent. No infringement action may be started until the patent is issued. However, pre-grant protection is available under (d), which allows a patent owner to obtain reasonable royalty damages for certain infringing activities that occurred before patent's date of issuance. This right to obtain provisional damages requires a patent holder to show that (1) the infringing activities occurred after the publication of the patent application, (2) the patented claims are substantially identical to the claims in the published appli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hatch-Waxman Act
The Drug Price Competition and Patent Term Restoration Act (Public Law 98-417), informally known as the Hatch-Waxman Act, is a 1984 United States federal law that established the modern system of generic drug regulation in the United States. The Act's two main goals are to facilitate entry of generic drugs into the market and to compensate the original drug developers for regulatory delays by the Food and Drug Administration. It is generally believed that the Act accomplished both goals: encouraging development of new medications and accelerating market entry of generics. Representative Henry Waxman of California and Senator Orrin Hatch of Utah sponsored the act. Background Although the Federal Food, Drug, and Cosmetic Act made it possible for generic companies to get regulatory approval for drugs by filing an Abbreviated New Drug Application (ANDA), in the early 1980s it became clear that very few generics were coming to market. Congress studied the issue and realized that ... [...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] |
Software Hoarding
Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, ''freedoms'' refers to the use of the work for any purpose, and the ability to modify, copy, share, and redistribute the work, with or without a fee. Licenses which implement copyleft can be used to maintain copyright conditions for works ranging from computer software, to documents, art, and scientific discoveries, and similar approaches have even been applied to certain patents. Copyleft software licenses are considered ''protective'' or ''reciprocal'' (in contrast with permissive free software licenses): they require that information necessary for reproducing and modifying the work be made available to recipients of the software program. This information is most commonly in the form of source code files, which usually contain a copy of the license terms and acknowledge the authors of the code ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Prosecution
Patent prosecution is the interaction between applicants and a patent office with regard to a patent application or a patent. The prosecution process is broadly divided into two phases: pre-grant and post-grant prosecution. Pre-grant prosecution includes the drafting and filing of patent applications, responding to patent office actions, and navigating the examination process to meet all legal requirements for patentability. This phase requires a strategic presentation of the invention's novelty and inventive step over existing technologies. Post-grant prosecution deals with activities that occur after a patent has been granted. This includes maintaining the patent, handling oppositions or challenges from third parties, and making amendments or corrections to the patent documentation. It ensures that the patent remains enforceable and continues to provide value to the patent holder. Patent prosecution is distinct from patent litigation, which describes legal action relating to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Troll
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuits against public participation (SLAPP), chilling effects, etc.) Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities (such as universities and national laboratories), which do not practice their asserted patent, may not be considered "patent trolls", when they license their patented technologies on reasonable terms in advance. Other related concepts include patent holding company (PHC), patent monetization entity (PME), patent assertion entity (PAE), and non-practicing entity (NPE), which may or may not be considered a "patent troll" dep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Retaliation
Opposition to software patents is widespread in the free software community. In response, various mechanisms have been tried to defuse the perceived problem. Positions from the community Community leaders such as Richard Stallman, Alan Cox, Bruce Perens, and Linus Torvalds; companies such as Red Hat and MySQL; and community groups such as FSFE and IFSO all believe that patents cause problems for free software. Patent licensing Leading open-source figures and companies have complained that software patents are overly broad and the USPTO should reject most of them. Bill Gates has said "If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today". Problems for free software Free software projects cannot agree to patent licences that include any kind of per-copy fee. No matter how low the fee is, there is no way for a free software distributor to know how many co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Industrial Espionage
Industrial espionage, also known as economic espionage, corporate spying, or corporate espionage, is a form of espionage conducted for commercial purposes instead of purely national security. While political espionage is conducted or orchestrated by governments and is international in scope, industrial or corporate espionage is more often national and occurs between companies or corporations. Forms of economic and industrial espionage In short, the purpose of espionage is to gather knowledge about one or more organizations. Economic or industrial espionage takes place in two main forms. It may include the acquisition of intellectual property, such as information on industrial manufacture, ideas, techniques and processes, recipes and formulas. Or it could include sequestration of proprietary or operational information, such as that on customer datasets, pricing, sales, marketing, research and development, policies, prospective bids, planning or marketing strategies or the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cease And Desist
A cease and desist letter is a document sent by one party, often a business, to warn another party that they believe the other party is committing an unlawful act, such as copyright infringement, and that they will take legal action if the other party continues the alleged unlawful activity. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, the letter's recipient may be sued. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. A cease and desist letter issued by a government entity, called a cease and desist order, is "a warning of impending judicial enforcement". Usage for intellectual property Although cease and desist letters are not exclusively used in the area of intellectual property, particularly in regards to copyright infringement, such letters "are frequently utilized in disputes concerning intellectual property and represent an important feature o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anton Piller Order
In English and English-derived legal systems, an Anton Piller order (frequently misspelled ''Anton Pillar order'') is a court order that provides the right to search premises and seize evidence without prior warning. This is intended to prevent the destruction of relevant evidence, particularly in cases of alleged trademark, copyright or patent infringements. Overview The order is named after the 1975 English case of ''Anton Piller KG v Manufacturing Processes Limited'', dealing with the theft of trade secrets, although the first reported such order was granted by Templeman J earlier that year. They are now formally known as search orders in England and Wales, New Zealand, Australia, and India. In ''Anton Piller'', Lord Denning described the nature of the relief: Because such an order does not give the accused party the ability to defend themselves, Anton Piller orders are only issued exceptionally and according to the three-step test set out by Ormrod LJ in ''Anton Piller' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glossary Of Patent Law Terms
This is a list of legal terms relating to patents and patent law. A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or their successor in rights in exchange to a public disclosure of the invention. A Abandonment Abandonment refers to the cessation of a patent application’s progress due to the applicant’s failure to make a bona fide attempt to advance the patent application to a final conclusion. Abandonment in patent prosecution can occur either voluntarily or involuntarily: * Voluntary abandonment (also called “express abandonment” or “formal abandonment”) occurs when the applicant explicitly communicates their intent to withdraw the application from consideration. * Involuntary abandonment happens when the applicant fails to meet specific requirements, such as failing to respond to an office action or failing to paying required f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EBay V
eBay Inc. ( , often stylized as ebay) is an American multinational e-commerce company based in San Jose, California, that allows users to buy or view items via retail sales through online marketplaces and websites in 190 markets worldwide. Sales occur either via online auctions or "buy it now" instant sales, and the company charges commissions to sellers upon sales. eBay was founded by Pierre Omidyar in September 1995. It has 132 million yearly active buyers worldwide and handled $73 billion in transactions in 2023, 48% of which were in the United States. In 2023, the company had a take rate (revenue as a percentage of volume) of 13.81%. The company is listed on the Nasdaq Global Select Market and is a component of the S&P 500 and formerly the Nasdaq-100. eBay can be used by individuals, companies and governments to purchase and sell almost any legal, non-controversial item. eBay's auctions use a Vickrey auction (sealed-bid) proxy bid system. Buyers and sellers may rate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
