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Declaratory Judgment Act: Burden of persuasion on infringement in declaratory judgment cases Octane Fitness v. Icon Health & Fitness: 572 U.S. 545: 2014: 9-0: Damages: Attorney Fees: An "exceptional" case is simply one that stands out from others because of its frivolous nature relating to the legal arguments or merits of the claim.
Apple and Samsung litigated patent infringement cases in several European nations starting in 2011, with implications for device sales across all of the European Union. [ 75 ] [ 76 ] In August 2011, the Landgericht Court in Germany granted Apple's request for an EU-wide injunction banning Samsung from selling its Galaxy Tab 10.1 device, on the ...
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
Cir., 2001) was a landmark intellectual property case in which the United States Court of Appeals for the Ninth Circuit affirmed a district court ruling that the defendant, peer-to-peer file sharing service Napster, could be held liable for contributory infringement and vicarious infringement of copyright. [1]
Case law provides other defenses, such as the first-sale doctrine, the right to repair, and unenforceability because of inequitable conduct. In the case of a medical procedure patent issued after 1996, a U.S. infringer may also raise a statutory safe harbor defense to infringement.
Dr. E. Michael Harrington, a professor in music copyright and intellectual property matters at Berklee Online, believes that Geraes’ claim does not constitute a case of copyright infringement.
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), is a case in which the Supreme Court of the United States unanimously determined that an injunction should not be automatically issued based on a finding of patent infringement, but also that an injunction should not be denied simply on the basis that the plaintiff does not practice the patented invention. [1]
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