hot-news test. Intellectual property. A judicial test for determining whether a misappropriation claim is preempted by the Sears–Compco doctrine by analyzing whether, in addition to the elements of copyright infringement, the claim also requires proof of (1) time-sensitive information collected at a cost to the plaintiff, (2) unfair use of that information by a directly […]
active supervision. Antitrust. Under the test for determining whether a private entity may claim a state-action exemption from the antitrust laws, the right of the state to review the entity’s anticompetitive acts and to disap-prove those acts that do not promote state policy. See STATE-ACTION DOCTRINE; MIDCAL TEST. [Cases: Monopolies 12(15.5). C.J.S. Monopolies §§ 136,
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Freeman–Walter–Abele test. Patents. An outmoded two-step judicial test for determining whether a claimed invention is an unpatentable mathematical algorithm. • The test looks first to whether an algorithm is explicit or inherent in the claim, and second to whether a patent would wholly preempt others from using the algorithm. In re Freeman, 573 F.2d 1237
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intraliminal right (in-tr[schwa]-lim-[schwa]-n[schwa]l).Mining law. The privilege to mine ore in areas within the boundaries of a mineral claim. • In contrast to an extralateral right, an intraliminal right does not give the holder the right to mine a vein of ore outside the lease even if the vein lies mostly within the lease. Cf. APEX
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Lingle test. Labor law. A test for determining whether a union member’s state-law claim against the employer is preempted by the Labor–Management Relations Act, the controlling principle being that if the state-law claim can be resolved without interpreting the collective-bargaining agreement, then there is no preemption. Lingle v. Norge Division of Magic Chef, Inc., 486
secondary factor. (usu. pl.) Patents. Objective evidence that courts consider in determining a patent claim’s nonobviousness. • Secondary factors include “commercial success, long-felt but unsolved need, failure of others, and unexpected results.” Graham v. John Deere Co., 383 U.S. 1, 17–18, 86 S.Ct. 684, 694 (1966). — Also termed secondary consideration. [Cases: Patents 36. 1.
A committee charged with preparing a roster of delegates entitled to be seated, examining contested claims to such entitlement, and preparing and issuing credentials to the delegates who appear so entitled. See CREDENTIAL.
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recording act. A law that establishes the requirements for recording a deed or other property interest and the standards for determining priorities between persons claiming interests in the same property (usu. real property). • Recording acts — the three main types of which are the notice statute, the race statute, and the race-notice statute —
survey, n. 1. A general consideration of something; appraisal (a survey of the situation). 2. The measuring of a tract of land and its boundaries and contents; a map indicating the results of such measurements (the lender requires a survey of the property before it will issue a loan). government survey. A survey made by