Small Entity

Most patent and trademark systems provide that ‘small entities’ can obtain a substantial discount on application and maintenance fees. Small entities are defined by the number of employees the business has, according to quite complex rules that vary both as...

Privilege

Refers to the confidential nature of the advice of a lawyer or patent agent. Legal advice, and the right to obtain it, is protected in most countries by making lawyer client communications confidential (known as Attorney-Client Privilege or Legal Professional...

PACER

Public Access to Court Electronic Records, an electronic public access service that allows subscribers to obtain case and docket information from most United States Federal Courts at a low cost-per-page. An account is necessary to access the service. Most good...

Georgia-Pacific Factors

...as a business proposition, to obtain a license to manufacture and sell a particular article embodying the patented invention—would have been willing to pay as a royalty and yet be able to make a reasonable profit and which amount would...

Expedited Registration

Copyright Registration affords significant benefits in US Copyright litigation, such as the right to recover attorney’s fees and the presumption of title, etc., it is highly desirable to obtain the copyright registration before filing a lawsuit. However, the US Copyright...

Decompiling

...authorization of the rightholder shall not be required where reproduction of the code and translation of its form within the meaning of Article 4 (a) and (b) are indispensable to obtain the information necessary to achieve the interoperability of an...

Damages

...the royalty the infringer would have had to pay in order to obtain a license. However, where damages can be shown to exceed a reasonable royalty, the higher sum would usually be paid. In addition, in some jurisdictions, particularly with...

Certoirari, Writ of, Petition for a writ of, Cert’ Petition

...where appeal is not as-of-right (i.e., automatic) decides it wants to hear the case. In particular, in the United States, a petition to the United States Supreme Court is necessary to obtain most normal appeals. Such petitions must be then...

Anton Piller Order

...Piller orders are now known under the English Civil Procedure Rules and Practice Directions as Civil Search Orders. They are difficult to obtain and usually require a strong prima facie showing of the quality of the plaintiff’s case, the necessity...

Enhanced Damages

...which damages are enhanced. Because enhanced damages usually flow from a finding of wilful infringement, it is common for companies who have been accused of patent infringement to obtain a Non-Liability Opinion. For copyright infringement where the copyrighted work is...