United States Court of Appeals for the Federal Circuit. An intermediate-level appellate court with jurisdiction to hear appeals in patent cases, various actions against the United States to recover damages, cases from the U.S. Court of Federal Claims, the U.S. Court of International Trade, the U.S. Court of Appeals for Veterans Claims, the Merit Systems […]
united states court of appeals for the federal circuit Read More »
innocence, n. The absence of guilt; esp., freedom from guilt for a particular offense. Cf. GUILT. actual innocence. Criminal law. The absence of facts that are prerequisites for the sentence given to a defendant. • In death-penalty cases, actual innocence is an exception to the cause-and-prejudice rule, and can result in a successful challenge to
anticipatory filing. The bringing of a lawsuit or regulatory action against another with the expectation that the other party is preparing an action of its own. • If properly brought, an anticipatory filing may determine procedural matters such as jurisdiction and venue. See FIRST-TO-FILE RULE; RACE TO THE COURTHOUSE.
anticipatory filing Read More »
repair doctrine. Patents. The rule that a licensee who is authorized to produce, use, or distribute a patented device also has the right to repair and replace unpatented components. — Also termed permissible-repair doctrine. Cf. RECONSTRUCTION(2). [Cases: Patents 255. C.J.S. Patents § 405.]
legal ethics. 1. The minimum standards of appropriate conduct within the legal profession, involving the duties that its members owe one another, their clients, and the courts. — Also termed etiquette of the profession. 2. The study or observance of those duties. 3. The written regulations governing those duties. See MODEL RULES OF PROFESSIONAL CONDUCT.
navigation. 1. The act of sailing vessels on water. 2. The process and business of directing the course of a vessel from one place to another. See RULES OF NAVIGATION.
durante furore (d[y][schwa]-ran-tee fyuu-ror-ee). [Law Latin] Hist. While the insanity endures. • The phrase appeared in reference to the rule prohibiting the state from prosecuting an insane person. The state could, however, prosecute the person once the insanity ended.
author’s right. Copyright. The system of protecting the moral and economic rights of the creator of a work, esp. in civil-law countries. — Also termed (in French) droit d’auteur; (in German) Urheberrecht; (in Italian) diritto d’ autore; (in Spanish) derecho de autor. “[O]n almost every point of consequence, the traditions of copyright and author’s right
factor, n. 1. An agent or cause that contributes to a particular result ( punishment was a factor in the court’s decision). 2. An agent who is employed to sell property for the principal and who possesses or controls the property; a person who receives and sells goods for a commission (a factor was employed
jural (joor-[schwa]l), adj. 1. Of or relating to law or jurisprudence; legal (jural and equitable rules). 2. Of or relating to rights and obligations (jural relations).