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Walker Process Claim - refers to a cause of action arising from use or attempted use of a patent procured by fraud on the Patent Office to violate section 2 of the Sherman Act. A Walker Process Claim requires a showing that the attempted patent enforcement threatens competition in a relevant market, standing and damages. Walker Process, Inc. v. Food Machinery & Chem. Corp., 382 U.S. 172 (1965)., 382 U.S. 172 (1965). see also, Unitherm Food Sys., Inc. v. Swift-Echrich, Inc., 375 F. 3d 1341, 1355 (Fed. Cir. 2004), rev?d on other grounds, 126 S. Ct. 980 (2006).

WIPO - see World Intellectual Property Organization.

Word Mark - refers to a form of trademark comprised of text.

Work Made for Hire - refers to a work prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

Work of the United States Government - refers to a work prepared by an officer or employee of the United States Government as part of that person's official duties.

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Index
About
Contact
Glossary
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Copyrights Domains Patents Trademarks Trade Secrets Unfair Competition

Peter Koziol, Esq. - Assouline & Berlowe, P.A - 213 E. Sheridan Street, Suite 3 - Dania Beach, Florida 33004 - (954) 929-1899

Copyright © 1999-.


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