Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Download or read book Patent Challenges for Standard Setting in the Global Economy written by National Research Council and published by National Academies Press. This book was released on 2013-10-07 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology examines how leading national and multinational standard-setting organizations (SSOs) address patent disclosures, licensing terms, transfers of patent ownership, and other issues that arise in connection with developing technical standards for consumer and other microelectronic products, associated software and components, and communications networks including the Internet. Attempting to balance the interests of patent holders, other participants in standard-setting, standards implementers, and consumers, the report calls on SSOs to develop more explicit policies to avoid patent holdup and royalty-stacking, ensure that licensing commitments carry over to new owners of the patents incorporated in standards, and limit injunctions for infringement of patents with those licensing commitments. The report recommends government measures to increase the transparency of patent ownership and use of standards information to improve patent quality and to reduce conflicts of laws across countries.
Download or read book Seeking Injunctive Relief written by Morgan, Lewis & Bockius and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Injunctive Relief written by Kirstin Stoll-DeBell and published by American Bar Association. This book was released on 2009 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Patent Law Injunctions written by Rafał Sikorski and published by Kluwer Law International B.V.. This book was released on 2018-11-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of patent-protected invention or that it may be manifestly against the public interest. This book offers a comparative study of the approaches towards injunctive relief taken by a number of leading jurisdictions, including the United States, the European Union (EU), selected EU Member States (Germany, France, The Netherlands, Belgium, the United Kingdom and Poland), and China, India, Japan and South Korea. Responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following: • access to standard-essential patents; • operations of patent assertion entities; • trolls and patent privateers; • equitable nature of injunctive relief as a source of flexibility; • abuse of right and competition law defences to injunctive relief as sources of flexibility; • analysis of EU instruments that could be used in the interpretation of Member State implementing laws; • conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights; • circumstances when injunctions should be denied to patentees even though a valid patent was infringed; • complex products cases where patents protect minor parts of the technologies; and • deficiencies and advantages of various approaches to injunctive relief. A proposal for an optimal model of granting injunctions is also included. Given that there is a growing consensus as to the circumstances when injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.
Download or read book Federal Statutes in which the United States is Authorized to Seek Injunctive Relief written by Mollie Zlotnick Margolin and published by . This book was released on 1957 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book North Carolina Civil Procedure written by G. Gray Wilson and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Tender Offeror s Implied Cause of Action to Seek Injunctive Relief written by Marc S. Stein and published by . This book was released on 1982 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Beyond Blue Chip written by Eric C. Chaffee and published by . This book was released on 2009 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article explores whether a corporate issuer has standing to seek injunctive relief under section 10(b) and Rule 10b-5 without the purchase or sale of a security. Section 10(b) and Rule 10b-5 are catch-all provisions that are commonly used to remedy a wide variety of securities fraud. The purchase or sale of a security is viewed by many as an integral requirement for bringing an action under these provisions. This article discusses the validity of a lesser known method for a corporate issuer to defend against stock manipulation by seeking injunctive relief in cases in which the issuer neither purchased nor sold securities based on an alleged deception. The Supreme Court has never ruled on whether a corporate issuer can have standing to seek injunctive relief under section 10(b) and rule 10b-5 without a purchase or sale of a security. However, for a variety of reasons, the Supreme Court is unlikely to hold that such standing exists. An exception to the purchaser-seller requirement is justified for a corporate issuer seeking injunctive relief because of the nature of injunctive relief, the injury to the issuer, and the role of the issuer as best champion of its shareholders. However, the Court will likely deny the existence of such standing because of the Supreme Court's aversion to broadening standing under section 10(b) and Rule 10b-5, the possible misuse of issuer standing by directors and officers, and interpretation of section 10(b) and Rule 10b-5 in the context of the 1933 Act and the 1934 Act. The best solution may be for Congress to amend section 10(b) and Rule 10b-5 to allow an issuer standing to seek injunctive relief without the purchase or sale of a security. Based on previous attempts to amend the jurisdictional reach of section 10(b) and Rule 10b-5, however, Congress may be reluctant to alter either of these provisions.
Download or read book Injunctions in Patent Law written by Jorge L. Contreras and published by Cambridge University Press. This book was released on 2022-05-12 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.
Download or read book Injunctions written by Owen M. Fiss and published by . This book was released on 1984 with total page 1272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Download or read book Injunctive Relief and International Arbitration written by Hakeem Seriki and published by CRC Press. This book was released on 2014-07-25 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.
Download or read book Injunctions and Specific Performance written by Robert J. Sharpe and published by Canada Law Book. This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Overview of the Privacy Act of 1974 written by United States. Department of Justice. Privacy and Civil Liberties Office and published by . This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.
