OEM Agreement, Rights
...the same brand, e.g., he or she will buy the same tires for his car as it originally had. OEM suppliers typically either: Pay a commission to the primary product vendor; supply items at a deep discount; or agree to...
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Contract Manufacturing/Manufacturer
...Apple iPhones), Foxconn (i.e., Hon Hai Precision Industry Co., Ltd.), etc. In China and certain other Asian countries it is important to enter into NNN Agreements in conjunction with an OEM/ODM agreement to protect against copying, knock-offs and backdoor sales,...
Rejection
...final—if they are not final the patent office is leaving open the possibility that it may after some argument and explanation, it will accept claims as drafted, if it is “final” only an amendment or appeal may overcome the rejection....
Puffery
Superlatives used in advertising, that it is presumed the public know to be unverifiable or of dubious accuracy, for example “the greatest,” the “world’s best.” Ordinary commercial puffery is usually not open to legal challenge, however where it crosses the...
Collateral Estoppel
...to the one decided in the first action; that the instant issue must have been actually litigated, (i.e., argued) in the first action; a finding on the instant issue was required as part of the final judgment in the first...
Source Code
A program expressed in a high level language (e.g., C++) before it is compiled into machine code (object code). With the exception of open source software, companies usually treat the source code version of a program as highly confidential and...
Dawn Raid
...Japanese and Korean authorities. Such inspections are usually conducted as part of an investigation and are often coordinated at several sites and companies, typically occurring at the open of business (hence dawn raid) with a view to locating incriminating evidence....
Material Adverse Change
...event of a material adverse change at the target in the course of the transaction. Because the term ‘material‘ in adverse change is open to interpretation and an acquirer as the transaction closing approaches would be in a very strong...
Senior Judge, Senior Status
...full pay – or alternately, to take a semi-retired roll as “senior judges.” When a judge takes senior status this is supposed to “open up” a judgeship for a new, younger appointee. Thus, in principle, District judges on Senior Status...
Docket
...a particular court or judge. Courts are described as having a ‘full docket’ or a ‘busy docket’ when most of their time is allocated. Courts are describes as having a ‘mixed docket’ when they can hear different types of cases,...