Intellectual Property Damages: Guidelines and Analysis

Pirmais vāks
John Wiley & Sons, 2002. gada 30. dec. - 504 lappuses
A comprehensive resource for anyone involved in intellectual property litigation

With Intellectual Property Damages you'll get the basics of the intellectual property litigation process, the essential "rules" in postulating damages theories, the basics of IP law, the economic policies that are the foundation for much of IP litigation, the skills necessary to correctly calculate damages in IP cases--and more!

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Saturs

PART TWO PATENT INFRINGEMENT DAMAGES
121
PART THREE COPYRIGHT TRADEMARK AND TRADE SECRET DAMAGES
219
PART FOUR APPENDICES
369
Index
469
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Populāri fragmenti

177. lappuse - The true test of legality is whether the restraint imposed is such as merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition. To determine that question the court must ordinarily consider the facts peculiar to the business to which the restraint is applied; its condition before and after the restraint was imposed; the nature of the restraint and its effect, actual or probable. The history of the restraint, the evil believed to exist,...
264. lappuse - Any person who shall, without the consent of the registrant — (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive...
124. lappuse - Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
10. lappuse - Rule 30 (b) or (d) , the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection...
281. lappuse - A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.
170. lappuse - Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal . . . Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding $5,000, or by imprisonment not exceeding one year, or by both said punishments,...
17. lappuse - Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
405. lappuse - Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 US 373, 408 (1911).
223. lappuse - fixed" in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is "fixed" for purposes of this title if a fixation of the work is being made simultaneously with its transmission.
10. lappuse - Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identify and location of persons having knowledge of any discoverable matter.

Par autoru (2002)

Mark Glick, JD, PhD is a professor of economics at the University of Utah where he teaches industrial organization, antitrust economics and law and economics. He has also taught antitrust law and regulated industries in the College of Law. Glick has over 15 years of experience in law and economics issues and litigation. He has been involved in numerous cases as a consultant, attorney and/or expert involving regulated antitrust, intellectual property damages, and commercial damages.

Lara A. Reymann, JD is an attorney with Parsons Behle Latimer, Salt Lake City UT whose practice focuses on intellectual property litigation. She is a member of the American Bar Association's Intellectual Property Law Section and Litigation Section. She has been a pressnter on the topic of IP damages at several conferences and seminars.

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