Hockey-Stick Effect

...period, which cumulatively gives rise to the hockey stick effect. Second, used to describe the tendency of sales of certain products to rise rapidly with seasonal demand (e.g., Bar-B-Q’s, Christmas ornaments.) Third, a discredited term used during the dot-com era...

UDRP

....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...

Getting to No, Getting to Yes

The latter is a book by Roger Fisher and William Ury, Getting to Yes: Negotiating Agreement Without Giving In, published in 1983, which promoted a theory of four principles for effective negotiation: separate the people from the problem; focus on...

Ex-Post-Facto obviousness

One of the major dangers when assessing the obviousness of an invention is the experience and knowledge of the court, i.e., the Judge or jury will see the invention in hindsight, impacting its assessment of validity. Very many good inventions...

Individual Character

...average consumer, applicable in trademark matters, who need not have any specific knowledge and who, as a rule, makes no direct comparison between the trademarks at issue, and the sectorial expert, who is an expert with detailed technical expertise. Thus,...

Antitrust Opinion

An opinion obtained from qualified counsel to the effect that a particular arrangement does not violate, in particular, U.S. Antitrust Law. Such an opinion may be useful to a company or its managers in the event that commercial arrangements are...

Lake Wobegon Effect

...short hand for “positive self assessment bias,” i.e., a tendency of some people to evaluate themselves as “above average” despite the absence of any objective evidence that this is the case. It is also known as illusory superiority. It has...

Sarbanes Oxley Act

...and certain company officers (CEO and CFO) to certify that financial reports that, in addition to personally reviewing all financial reports, the reports present a fair and truthful picture of the company’s finances. Further, Section 302(a) requires that the signing...

Equivalence, Doctrine of (U.S., German)

...referred to by other names). It is also limited by prosecution history estoppel (also known as file wrapper estoppel). Infringement that does not depend on the doctrine of equivalents is known as literal infringement. See §112 Equivalence, Reverse Doctrine of...

Expert

...expert (in the US often called a “special master”) to provide the court with an independent assessment of complex issues. US standards for who may serve as an expert were set in the 1993 US Supreme Court case, Daubert v....