...the inventor, fraud on the patent office (or very severe inequitable conduct), failure to teach the best-mode, failure to disclose the preferred embodiment, lack of enablement, indefiniteness, inoperability and failure to pay renewal fees. Trademarks are typically held invalid on...
...and valued on the post merger balance sheet. Historically courts, lawyers, accountants, and especially taxmen have struggled to define goodwill. One of the best definitions was set forth by the United States Supreme Court in 1893 (albeit quoting a former...
Form of mark or restricted use of a name that designates that a product comes from a geographically defined area and usually also requires that it meet certain quality standards and be manufactured in a particular way: the best known...
Refers to the loss of trademark rights because the mark comes to be used as a generic name for the class of goods and loses distinctiveness. The best-known example was Aspirin, originally registered as a trademark by Bayer for the...
There are various versions of the Doctrine of Equivalence. The two best known are: 1. The U.S. equitable doctrine developed to prevent someone from circumventing a patent by using substitutes for claim elements that have the same effect as the...
...the invented device or successfully practice the disclosed method. Failure to enable is grounds for invalidating a patent. In European Patent Law lack of enablement is referred to as insufficiency. See Best Mode, Disclosure. For amusement, see Death-Ray?, Where’s the...
...in the sector to operate effectively, but also because companies tend to compete more rigorously with local rivals, improving each other’s effectiveness. The advantages of a cluster often can substantially outweigh cost savings derived from locating elsewhere. The best-known modern...
...terms of cost, risk and benefit. However, business cases work best if the ‘a priori‘ gating factors are not subject to being overly ‘massaged’ to change outcomes as facts develop or are determined; in mergers and acquisitions that massaging usually...
Sarcastic term usually applied to obsolete (and typically relatively heavy) equipment, which reflect the suggestion that the best use of the equipment would be to anchor a boat, i.e., tie a rope around it and drop it in the water....
...get more.” This tactic is often used to sell the same horse twice and salami slice the counterparty. The best solution is, if possible, to insist that the senior figure directly participate in the negotiation and be present in person....
