Click License

A license usually used in Internet downloads or software installation, where users click on a screen-box to indicate their agreement with the terms of or conditions of the license. In-house lawyers are often wary of employees “clicking” on such licenses...

Patent Bar

A collective term for the admitted patent agents (in the U.K. patent attorneys) in a jurisdiction; the term member of the patent bar is also used to describe someone who is a patent agent. The patent bar is also used...

Agent, Patent

...application on an inventor’s behalf, although inventors may (usually unwisely) choose to represent themselves. In Europe, few patent agents are also lawyers (i.e., solicitors or barristers); in the U.S. many, if not the majority of patent agents are also lawyers...

Compliance Testing

Also known as conformance testing, means the testing of a product to determine whether it complies (or conforms) with a standard. There are two types of such standards, industry technical standards and mandatory safety standards. The latter include the CE...

Euro Foreign Exchange Reference Rates

...an ad valorum (percentage of sales) royalty bearing license, where some sales are for example in Euro, but the payments due in U.S. Dollars. Since the number of decimals used for a rate may vary, it is usual to round...

Efforts (‘Endeavours/Endeavors’) Clause

Often, in contracts, a clause will provide that rather than achieve a specified objective, a party to the contract must use ‘Best Efforts’ or ‘Reasonable Efforts’ or, from time to time, ‘Best Reasonable Efforts,’ and ‘All Reasonable Efforts,’ and ‘Commercially...

Daubert

...quality control, – Be known and accepted by others (peers) with expertise in the field (e.g., the scientific community). It is the last ‘leg’ of reliability that is considered the most significant, i.e., peer acceptance of techniques or theories presented....

Quality Mark

A brand name used on array of largely fungible goods from a single supplier that indicate that the goods are of a higher or more reliable quality than the normal run of goods of their type or class....

HARQ

Hybrid Automatic Repeat ReQuest. Automatic Repeat ReQuest has been around in communications for ages. The idea is simple. For each data transmission (“packet”) that we send, we add an error detecting code. The receiver uses the code to determine whether...

Statutory Damages

...potential $30,000, while willfulness of the infringement raises the ceiling to a potential $150,000. Statutory damages are available in the alternative, i.e., a plaintiff can elect to seek actual damages, depending on which is higher. In a recent case involving...