...territory could exercise jurisdiction over a party in another state or territory over its operation of a website if the website was accessible in that first state. The Zippo case, as its name suggests, was a trademark case between Zippo...
...of the public may obtain copies of pleadings in a case, CPR 5.4(C)(4) provides that a party can request the court to restrict that access in various ways, including: ordering that a non-party may not obtain a copy of a...
...“assumes facts not in evidence”, “calls for a free narrative.” A “form” objection may simply be based on the unfair way the question was put. In many courts a simple “form” is not sufficient to be an effective objection at...
A notice or letter sent in accordance with the terms of the US Digital Millennium Copyright Act (DMCA) that demands that an internet service provider or website host (ISP) takedown a website that infringes the notifier’s copyright(s). In response the...
...in the generic drug company’s favor. One problem with this structure is that because the patent/NDA holder has every incentive to slow the process, it inevitably files suit in the slowest court it can find and does everything it can...
...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....
....biz, .cat, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .post, .pro, .tel and .travel top-level domains, and some country code top-level domains. The full list of the processes for the top level domains can be accessed here. A...
...take the position that all of its patents are valid and infringed, but few or none of the counterparty’s patents are valid and/or infringed. As a negotiating tactic it is usually antagonizing and counter-productive. Psychologists also employ the term as...
...print. In common law, this is dealt with using the so-called mirror image rule, where an acceptance must match the offer in every detail to be a valid acceptance. If there is a difference, the responsive document is considered a...
...take advantage of a timing problem to obtain an inflated settlement. For example, it may be an intellectual property claim brought, often with attendant publicity, against a technology company immediately pre-IPO, or just before a major transaction (e.g., a merger,...
