patentee (pat-[schwa]n-tee). One who either has been granted a patent or has succeeded in title to a patent. • Although it might seem helpful to distinguish a patentee as a person to whom a patent is issued and a patent-holder as the owner of a patent, including the original grantee’s assigns, the Patent Act explicitly […]
legal-elements test. Criminal law. A method of determining whether one crime is a lesser included offense in relation to another crime, by examining the components of the greater crime to analyze whether a person who commits the greater crime necessarily commits the lesser one too. — Also termed same-elements test. [Cases: Indictment and Information 189,
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motion to dismiss. A request that the court dismiss the case because of settlement, voluntary withdrawal, or a procedural defect. • Under the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss the case (under Rule 41(a)) or the defendant may ask the court to dismiss the case, usu. based on one of the
stalking. 1. The act or an instance of following another by stealth. 2. The offense of following or loitering near another, often surreptitiously, with the purpose of annoying or harassing that person or committing a further crime such as assault or battery. • Some statutory definitions include an element that the person being stalked must
opt-out statute. Bankruptcy. A state law that limits the exemptions that a debtor who has filed for bankruptcy can claim to those provided by state and local bankruptcy laws, and nonbankruptcy federal law. • The federal bankruptcy code includes an “opt-out” provision that allows states to choose not to adopt the federal exemptions. 11 USCA
consuetudo (kon-sw[schwa]-t[y]oo-doh), n. [Latin “custom”] 1. Roman law. Custom; long-established usage or practice. 2. Hist. Customary law. • Consuetudo generally bears this sense, referring to law that has been long approved by the will of the people. It is a broad term that includes both the common law and the statutory law of England. 3.
Tangible work product that includes facts but not an attorney’s mental impressions. • Fact work product is subject to a qualified privilege. It is not discoverable unless the party seeking discovery can show a substantial need for the materials. See Fed. R. Evid. 26(b)(3). — Also termed ordinary work product.
school, n. 1. An institution of learning and education, esp. for children. [Cases: Schools 11. C.J.S. Schools and School Districts §§ 4, 74, 76, 396–398.] “Although the word ‘school’ in its broad sense includes all schools or institutions, whether of high or low degree, the word ‘school’ frequently has been defined in constitutions and statutes
Patents. Knowledge that is publicly known, used by others, or available on the date of invention to a person of ordinary skill in an art, including what would be obvious from that knowledge. • Prior art includes (1) information in applications for previously patented inventions; (2) information that was published more than one year before
derivative, adj. Copyright. Of, relating to, or constituting a work that is taken from, translated from, adapted from, or in some way further developed from a previous work. • Copyright protection includes the exclusive right in derivative works, such as a screenplay adapted from a book, or a variant musical arrangement. See derivative work under