Under the rule of prosecution history estoppel, patent applicants who amend their claims during the course of patent prosecution assume a significant risk: the risk that a court will later construe the changes as concessions that should be read to limit patent scope. This risk is exacerbated by strong evidentiary presumptions under which courts are to assume, unless the patentee presents suffic...

The basis on which an estoppel by conduct is established is a keenly debated question. Theories based on promise and conscience have recently been propounded in the literature: Michael Pratt has argued that equitable estoppel must be based on promise,* 1 while Michael Spence has argued that the central criterion of estoppel by conduct is unconscionable conduct.2 In advancing these promise and c...

modern world revolutions have created some instruments known as ‎quasi-negotiable instruments which are different from negotiable ones, ‎despite having some similarities to them. commercial custom recognizes ‎them as quasi-negotiable instruments. the principle is that we don’t ‎need new legal regime for this new category because they are right in ‎personam when they are created and rights in re...