Berkeley Software Distribution License (BSD License)

...Initiative, the 3-Clause License and the 2-Clause License. The original version of the BSD license is now sometimes referred to as the 4-Clause BSD, particularly by the Free Software Foundation, who also call the 3-Clause License the Modified BSD License....

Ultra Vires

...the action on behalf of another, for example signing a contract on behalf of a company, did not have the power to do so; or (b) the party that was to be bound, for example the company, did not have...

Prosecution History Estoppel

...grant in principle are irrelevant.” – “Es besteht auch kein praktisches Bedürfnis dafür, Vorgängen im Erteilungs- wie im Einspruchsverfahren als solchen, die in der Patentschrift oder in der geänderten Patentschrift keinen Niederschlag gefunden haben, für sich schutzbegrenzende Wirkungen zuzuerkennen.” The...

GNU General Public License (GNU GPL)

...infectious public licensing. In response the Free Software Foundation has developed what is known as the GNU II license, but is officially called the GNU Lesser General Public License, which does not go as far in opening up all ownership...

Objection

...red-light?” lacks a foundation, if the examining lawyer does not first ask the witness, “were you there when the accident happened?” “could you see the traffic light?” “could you see the green car?” “was it stopped or moving?” “could you...

Domain Name

...or Internet domain including its local hostname and its domain name and a top-level domain (“TLD”) such as .com, .uk, .org, etc. Domain names have become a valuable IP asset of companies, particularly those bearing certain TLDs such as .com....

Zippo Test

A basis for US court “personal jurisdiction” in Internet related cases set forth in Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa. 1997) which held that a court in a first US state or...

Fairness Opinion

An assessment, typically in the form of a letter, prepared by experienced appraisers, analysts, or investment bankers (typically independent of the transaction) addressed to a company’s board of directors or a special committee of the board of directors, which addresses...

Anton Piller Order

...basis using in England an ‘Application Without Notice’. The origin of the term is the case in which the first modern English order was issued, Anton Piller KG v. Manufacturing Processes Ltd., [1976] 1 All E.R. 779 (Court of Appeal)....

Indemnity

A promise to compensate another contractual party (‘the indemnified’ or ‘indemnitee’) for the consequences of a possible event, for example, to pay any intellectual property infringement damages that might be awarded against a purchaser for use of a vendor’s products....