...case Georgia-Pacific v. U.S. Plywood Corp., 318 F. Supp. 1116, 1120 (S.D.N.Y. 1970) the court listed a series of factors that could be used to determine a reasonable royalty and the case and its factors have come to be widely...
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...
...(b) to be given to others, except when necessary for the interoperability of the independently created computer program; or (c) to be used for the development, production, or marketing of a computer program substantially similar in its expression, or for...
...entitled to pecuniary damages. Damages may be calculated in various ways, usually described as “heads” of damages, some of which are cumulative (i.e., the damages for various heads can be added together) and some of which are ‘exclusive’ or in...
...matter to the higher court, i.e., turn over (certify) to the higher court the record (or an authentic copy of the record) in the case. In practice, it has come to describe the process whereby an appellate or reviewing court,...
...registered, the ceiling on Statutory Damages amounts are substantially increased from $20,000 to $150,000 (per defendant, per work). In trademark infringement a finding that an infringer used a counterfeit mark can result in treble damages. Enhanced damages are often referred...
Involves the deliberate deception of a patent office, especially the United States Patent and Trademark Office, in order to obtain a patent. This can result in at least unenforceability and potentially invalidity, legal, and even criminal penalties and the risk...
...items without needing to obtain bids. Obviously for manufacturers of high technology, particularly software, obtaining a listing on an MAS schedule is hugely advantageous. MAS Schedules will typically cover a wide range of software, small computers and workstations, peripherals, etc....
...as to ensure the inventor or company’s work cannot be easily designed around. One advantage of clustering patents is that it increases the likelihood that a company will obtain blocking patents, which from a defensive perspective, may result in cross...
arises when a supplier or distributor supplies different customers on different price or commercial terms under similar circumstances. Discriminatory pricing can be prohibited under unfair competition laws in certain circumstances. In particular, some countries’ unfair competition laws seek to protect...
