From: Anne P. Mitchell, Esq. <amitchell(_at_)isipp(_dot_)com>
Sent: September 25, 2004 3:29 AM
In Canadian, English and Australian law at least, there is
an equitable principle known as estoppel. I believe the
same concept arises in American law.
I believe that modernly this exists in U.S. law primarily,
if not only, in areas relating to contract, and I think
that anyone would be hard pressed to classify this as a
contract situation. I'm fairly certain that it does not
apply in the patent arena. I'm *certain* that the patent
bar is not one of equity, although of course post patent
approval you then end up in a Federal court to litigate
infringement claims.
Understood. In Canada, our Supreme Court has been fairly
innovative in applying equitable principles such as
estoppel under the overarching umbrella of unjust
enrichment and fiduciary responsibility to ensure
underlying fairness far beyond the traditional contractual
setting.
Having said this, I believe this matter will be won or
lost in the court of public - read corporate, public,
regulatory, network administrator - opinion.
Which is why I concur with your view, there is a pressing
need for corporate pr expertise.
John
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