Remember I had a post explaining some of the legal terminologies used in legal cases? I read through an article on Patently-O and it left me more puzzled than ever. Thus, I will be explaining some of the legal terms used. Hopefully, upon reading my post then the article, you can make more sense out of it too! Do correct me if I am wrong in explaining some of the points.
Declaratory Judgment
It is simply a judgment that resolves legal uncertainty. Also known as a declaration or declaratory relief, a declaratory judgment is usually sought in situations involving contracts, deeds, leases, and wills, as well as determining rights of individuals or parties under specific laws. It is a legally binding and future similar issues will following the existing judgment. However, it does not require any actions to be taken, i.e. damages and injunction. Thus, the declaratory judgment updates and improves on existing law to address different scenarios, and sometimes also cover possible loopholes.
Jurisdiction
Although this term is pretty well understood and common used even in normal English ("Sorry, this is not within my jurisdiction"), its use in the article did confuse me ("found jurisdiction", "triggering declaratory judgment jurisdiction", "creating jurisdiction"). You can basically replace the word with 'power', and things begin to make sense, or does it always? You could also try replacing it with "power of the court" or "(an) area of control" and it should become clear.
Induced and Contributory Infringement
Induced infringement and contributory infringement are actually two different types of infringement although they both fall under the category of indirect infringement. If someone is involved in some conduct leading to direct infringement (the usual infringement), he could be indirectly infringing a patent. If someone "actively and knowingly" cause someone else to infringe on a patent, he is said to have induced infringement. If no active steps such as by requesting or even forcing was taken and the direct infringer made the decision himself leading to the infringement, there is no induced infringement.
Contributory infringement, on the other hand, happens when something less than the whole invention is sold. If that something has no other substantial purpose apart from for the invention, then the seller is a contributory infringer. For example, if someone makes and sells an aircraft engine which when combined with other parts infringe a plane invention, he is a contributory infringer since there is no other substantial purpose for the engine (its use in reality or comedy shows as part of an obstacle course obviously does not count).
Sources:
http://patentlyo.com/patent/2014/04/microsoft-declaratory-jurisdiction.html
http://legal-dictionary.thefreedictionary.com/declaratory+judgment
http://www.law.cornell.edu/wex/jurisdiction
http://www.quizlaw.com/patents/what_is_the_difference_between_1.php
Declaratory Judgment
It is simply a judgment that resolves legal uncertainty. Also known as a declaration or declaratory relief, a declaratory judgment is usually sought in situations involving contracts, deeds, leases, and wills, as well as determining rights of individuals or parties under specific laws. It is a legally binding and future similar issues will following the existing judgment. However, it does not require any actions to be taken, i.e. damages and injunction. Thus, the declaratory judgment updates and improves on existing law to address different scenarios, and sometimes also cover possible loopholes.
Jurisdiction
Although this term is pretty well understood and common used even in normal English ("Sorry, this is not within my jurisdiction"), its use in the article did confuse me ("found jurisdiction", "triggering declaratory judgment jurisdiction", "creating jurisdiction"). You can basically replace the word with 'power', and things begin to make sense, or does it always? You could also try replacing it with "power of the court" or "(an) area of control" and it should become clear.
Induced and Contributory Infringement
Induced infringement and contributory infringement are actually two different types of infringement although they both fall under the category of indirect infringement. If someone is involved in some conduct leading to direct infringement (the usual infringement), he could be indirectly infringing a patent. If someone "actively and knowingly" cause someone else to infringe on a patent, he is said to have induced infringement. If no active steps such as by requesting or even forcing was taken and the direct infringer made the decision himself leading to the infringement, there is no induced infringement.
Contributory infringement, on the other hand, happens when something less than the whole invention is sold. If that something has no other substantial purpose apart from for the invention, then the seller is a contributory infringer. For example, if someone makes and sells an aircraft engine which when combined with other parts infringe a plane invention, he is a contributory infringer since there is no other substantial purpose for the engine (its use in reality or comedy shows as part of an obstacle course obviously does not count).
Sources:
http://patentlyo.com/patent/2014/04/microsoft-declaratory-jurisdiction.html
http://legal-dictionary.thefreedictionary.com/declaratory+judgment
http://www.law.cornell.edu/wex/jurisdiction
http://www.quizlaw.com/patents/what_is_the_difference_between_1.php
Your posts are great, and I especially like that you chose to look closely at certain patents and topics and explain them to your classmates. You clearly invest time and effort in your posts, please keep it up.
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