Co4515 Trends In Cybercrime: Hlb Assessment Answers
Case Law Review
Bowers HLB v. Baystate Technologies Inc
Case can be found here:
https://caselaw.findlaw.com/us-federal-circuit/1167678.html
You will need to read the case and independently research the questions below.
- What is a declaratory judgement? Why did Baystate originally ask the court to give a declaratory judgement?
- What is a counterclaim? What is Bowersâ?T counterclaim?
Answer:
1:
The declaratory judgment refers to a declaration. It is the legal determination of court, which solves legal ambiguity for the litigants. A declaratory judgment is an outline of legally binding defensive adjudication by which the person included in real matter or probable legal issue may ask the court to finally rule on and establish the rights, obligations or the powers of one person or more than one person in the civil case which is subject to appeal. A declaratory judgment is normally regarded as solution and not fair or reasonable solution in USA, and is thus not subject matter of reasonable needs, although there is analogy, which may be found in the solutions provided by the court of justice and fairness. The declaratory judgment does not by itself order any act by the people, or involve compensations, though it can be convoyed by one solution or more than one solution (Harrison, 2016).
A declaratory judgment is different from the recommended view because the latter does not solve the real case or the disagreements or arguments. The declaratory judgment may render permissible surety to every person in the issue when this might solve or support in the arguments. In the case of Bowers v Baystate Technologies Inc. 320 F.3d 1317 (Fed. Cir. 2003), Baystate took a legal action against the Mr. Bowers for the declaratory judgment that products of Baystate do not break the ′514 patent and the ′514 patent is not valid and not enforceable (Morgan, 2015).
2:
A counterclaim includes declaration that the defendant might have made by initiating the lawsuit if the claimant had not already started the action. It is regulated by various similar regulations that regulate the claim made by the claimant. But it is not applicable, where it is an element of solution that the defendant makes in respect of the grievance made by claimant. Generally, the counterclaim should compromise the facts enough to support the conceding of assistance to defendant, if the factis considred to be accurate. This fact can refer to the same occasion which provided rise to the cause of action of claimant or they can mean to a completely changed claim that the defendant has against the claimant (McIntyre, 2016).
The claim of party refers to the counterclaim, if a person declares claim in respect to the other’s claims. It can be said that if the claimant makes a lawsuit and a defendant gives the response to lawsuit with their claim against a claimant, the claim of defendant is a counterclaim. The examples of counterclaims are like after the bank has taken legal action client for a due debt, the customer counterclaims against bank for scam in obtaining the debt. The court will decide the various claims in one lawsuit. In the case of Bowers v Baystate Technologies Inc. 320 F.3d 1317 (Fed. Cir. 2003), Mr. Bowers filed counterclaims for the contract breach, copyright contravention and patent contravention (Coker, 2017).
References
Coker, B. (2017). The ineffectiveness of counterclaim advertising for increasing consumer sentiment. Journal of Consumer Behaviour, 16(1), 34-41.
Harrison, J. (2016). Environmental Counterclaims in Investor-State Arbitration: Perenco Ecuador Ltd v Republic of Ecuador, ICSID Case No ARB/08/6, Interim Decision on the Environmental Counterclaim, 11 August 2015 (Peter Tomka, Neil Kaplan, J Christopher Thomas). The Journal of World Investment & Trade, 17(3), 479-488.
McIntyre, J. (2016). The Declaratory Judgment in Recent Jurisprudence of the ICJ: Conflicting Approaches to State Responsibility?. Leiden Journal of International Law, 29(1), 177-195.
Morgan, R. (2015). Challenges to Arbitral Awards in Hong Kong and the Adequacy of Reasons. Asian Dispute Review, 17(1), 40-43.
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