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Familiar equitable doctrines, applicable to the whole domain of law and unquestioned as part of the judicial process, are infused into specific enactments dealing only with the specific problems that call for specific formulation.
As one of the two principal common law courts along with the Common Pleas, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines in the 15th and 16th centuries.
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Respondents alternative argument that the mandamus petition was barred by the equitable doctrine of laches also fails.
In the absence of any statutory entitlement to a copyright misuse defense, however, the defense is solely an equitable doctrine.
Patent misuse doctrine is "an extension of the equitable doctrine of 'unclean hands' to the patent field". U.S. Gypsum Co. v. National Gypsum Co., 352 U.S. 457, 77 S.Ct.
That request incorporated the equitable doctrine of restitution, the purpose of which is to restore plaintiff to as good a position as he occupied before the contract.
I would not depart from this approach by introducing a new equitable doctrine of "legitimate economic interest" to read down the legislation.
Over Warner Jenkinson's objection that the doctrine of equivalents was an equitable doctrine to be applied by the court, the issue of equivalence was included among those sent to the jury.
Over petitioner's objections that this is an equitable doctrine and is to be applied by the court, the equivalence issue was included among those sent to the jury, which found, inter alia, that petitioner infringed upon the '746 patent.
If one party has made reasonable reliance to his detriment on the assurances/promises of the other party, the court may apply an equitable doctrine of Promissory Estoppel to award the non-breaching party a Reliance damages to compensate the party for the amount suffered as a result of the party's reasonable reliance on the agreement.
If there are reasons of public policy against the continued application of this equitable doctrine in the case of a patent, Congress has ready means of undoing that which has always been part of the patent law, as is true of other provisions which in its wisdom may call for change.
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CEO of Professional Science Editing for Scientists @ prosciediting.com