Sentences with phrase «infringing party»

The U.S. District Court for the Eastern District of Texas was the model; often referred to as the «patent district,» patent holders most frequently — and non-practicing entities (aka «patent trolls») overwhelmingly — filed suit in the Eastern District of Texas, regardless of where the allegedly infringing party conducted business.

The U.S. District Court for the Eastern District of Texas was the model; often referred to as the «patent district,» patent holders most frequently — and non-practicing entities (aka «patent trolls») overwhelmingly — filed suit in the Eastern District of Texas, regardless of where the allegedly infringing party conducted business.

In terms of patent preemption, the Federal Circuit has determined that in order for any state law tort claim (e.g., tortious interference, unfair business practices, etc.) to exist against a patent asserter, the assertion of the patent upon the potentially infringing party must be «objectively baseless» — which essentially means that a reasonable person would not have believed that they would have had a chance of a positive outcome in a lawsuit.

An address, telephone number, and e-mail address where NAR can contact you and, if different, an e-mail address where the alleged infringing party, if not NAR, can contact you;

Absent prior written permission from Alibaba, the infringing party would then be prohibited from posting the same information on Alibaba again.

If the infringing party does not respond to the complaint within three working days of receipt (either by deleting the infringing link pursuant to the request or by filing a cross-complaint), Alibaba will delete the infringing link.

If the infringing party files a cross-complaint, we would then need to deny the cross-complaint, and then Alibaba would handle the «dispute.»

Jassin says, «Under current law, it is unclear what Amazon must do with monies received by it from an alleged infringement carried out via its eBooks service but not yet remitted to the infringing party.»

It is the infringed party or the Authorized Representative's responsibility to seek any compensation from the offender.

Strategize how you and the infringing party can work together as strategic partners ongoing, for the long - term, in order to sustain value.

So develop a program offering a usage license or royalty fee for the life of the patent either payable in a lump sum, as annual payments or as monthly payments to make it easier for the infringing party to budget for.

In my own experience, my company has settled suits by having the infringing party purchase our patent license, allowing them to continue to operate their business using our three (3) perfected patents that cover 59 claims.»

The trial judge noted that the intentions, motivations and preferences of the infringing party in the real world are instructive in drawing inferences as to what it would have done in the hypothetical world.

If anyhow an infringement of intellectual property were the cause of a claim for damages, legal proceedings would have to be taken against the infringing party.

Once relevant information is submitted, including demonstrating proof of ownership of the alleged work that was infringed, YouTube will issue a «copyright strike» on the infringing party.