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16 Apr 5:57 pm
... later moved on, first to Duke, then to the position of Dean of the newly established U.C. Irvine School of Law. I'd never heard him speak before, and ... affairs power of the
President.'" Chamber of Commerce of the United States v. Brown 128 S.Ct. 2408 (2008) - California law that anyone who receives more than $10 ... according to Dean Chemerinsky,
the most significant thing about this decision may be is Justice Thomas's concurring opinion, suggesting that his views have changed on implied preemption have ...
10 May, 2008 3:10 am
... Southern District of New York, alleges that Premise Media, C&S Production LP,
Premise Media Distribution LP, and Rocky Mountain Pictures misappropriated the composition in ... the documentary Stein says: "Dr. Myers would
like you to think that he's being original but he's merely lifting a page out of John Lennon's ... life began on our planet, the freedom to ask reasonable questions
about the adequacy of Darwin's theory, and the freedom to challenge an entrenched establishment. Now we find that we ...
29 Sep, 2006 9:01 am
... v. Pigmentos Vegetales del Centro S.A. de C.V., No. 05-1479, 05-1480 (Fed Cir. September 25, 2006) The Two Sentence Summary ... mean that it had less than 10% of other
carotenoids. The evidence of the compositions of the defendant's products presented to the jury supported a jury finding that this limitation was not met in defendant ...
s products. The jury also properly found that the accused products did not meet the claim limitations because they contained traces of toxic chemicals. The panel
affirmed ...
1 Sep, 2008 7:52 pm
... $88 million private equity fund, Blackstreet Capital (itself managed and advised by some prominent D.C. financiers, lobbyists, and "political luminaries" ) Normal 0 false
false false MicrosoftInternetExplorer4 /* Style Definitions */ ... same product line, a corporation may be exposed to strict liability in tort for defects in the
predecessor's products. The question in this appeal is whether the product-line exception is applicable when the successor has purchased the predecessor's
assets at a ...
1 Sep, 2008 7:52 pm
... , MD-based $88 million private equity fund, Blackstreet Capital (itself managed by some prominent D.C. financiers, lobbyists, and "political luminaries" ) Normal 0 false
false false MicrosoftInternetExplorer4 /* Style Definitions */ ... the same product line, a corporation may be exposed to strict liability in tort for defects in the
predecessor's products. The question in this appeal is whether the product-line exception is applicable when the successor has purchased the predecessor's
assets at a ...
2 Feb, 2008 2:00 am
... a valid patent." Depomed, Inc. v. Ivax Corp. (N.D. Cal. 2007) C.D. California: Granting motion for reconsideration of post-trial rulings in view of In re Seagate because ...
" when he read patent and attempted to design around claims. Rhino Assoc., LP v. Berg Mfg. and Sales Corp. (M.D. Pa. 2007) E.D. ... letters
from outside counsel that concluded that the patents were invalid and not infringed by Defendant's product, and it sent letters to plaintiff setting forth its position
before litigation, which ...
9 Mar, 2007 4:27 pm
For wage and hour attorneys, Wednesday's hearing in Murphy v. Kenneth Cole Productions, Inc. was one of the most anticipated California Supreme Court oral arguments in a
long time. What follows here is our ... running out of time, Tollen briefly mentioned the use of the word penalty in a letter written by the author of the bill, and it was Mr.
Drapkin's turn to speak. He argued that the very definition of a penalty is compensation without reference to the damage caused. Kennard asked him whether, ...
1 Sep 8:12 am
... was silent on that point. See, e.g., Glencore, Ltd. v. Schnitzer Steel Products, 189 F.2d 264 (2d Cir. 1999); United Kingdom v. ... the unambiguous terms of the parties'
agreement concerning arbitrator selection have been or will be followed. c. The Federal Arbitration Act Authorizes Courts to Enforce Arbitration Agreements in the "Manner
Provided ... & Colin LLP. He was also a Shareholder in Stevens & Lee, P.C.'s Litigation Department. Mr. Loree is also blogmaster of the Loree Reinsurance and ...
29 Jun, 2007 12:40 pm
... despite language giving a cause of action to "any person" harmed by false advertising. "[C]onferring standing to the full extent implied by the plain language of § 43(a)
would give ... 'good will and reputation' that has been directly and proximately caused by the defendant's false advertising." As we will see, all the work here is being done by
"directly and ... competitive injury because its ads didn't tout McDonald's products or disparage Burger King's. But the ads were designed to, and allegedly did ...
24 May, 2008 6:37 pm
... proposition that "[i]n the end, individual [and minority group] rights in our system are, and should be, the products of ultimately majoritarian processes." Amar was kind
enough to share his column with me before it went up, and ... be) seems too easy. But much depends on context. A simple majority vote in the national or provincial legislatures is all
that's required to supersede a constitutional decision of the Supreme Court of Canada under the Notwithstanding Clause, but a strong customary norm ...
18 Oct, 2007 10:33 pm
... Brief Of The United States Of America, Dowhal v. SmithKline Beecham Consumer Healthcare, LP, No. A094460 (Cal., filed July 18, 2003).
Siding with the FDA, the California ... been used. The FDA filed a brief, siding with the defendant, stating how the product was approved, and arguing that plaintiff's
contrary contentions misapplied the FDCA and were therefore ... Letter Brief of the United States as Amicus Curiae, Perry v. Novartis Pharmaceuticals, C.A. No. 05-5350 (E.D. Pa.,
filed Sept. 21, 2006). ...
14 Dec, 2006 4:08 am
... order and withdrew the objection. In re Paxil Litigation, 2002 WL 31375497 (C.D. Cal. Oct. 18, 2002). At approximately the same time the FDA also ... Brief Of The United
States Of America, Dowhal v. SmithKline Beecham Consumer Healthcare, LP, No. A094460 (Cal. filed July 18, 2003). Siding with the FDA, the
California ... been used. The FDA filed a brief, siding with the defendant, stating how the product was approved, and arguing that plaintiff's contrary contentions
misapplied the FDCA and were therefore ...
15 Jan, 2008 3:06 am
... 11% increase from the 126 patent cases filed in 2006. This maintains the Northern District's status as the fifth largest patent district. According to TrollTracker (click
here for TrollTracker' ... 1:07-cv-00570 Spark Network Services, Inc. v. Match.Com, LP et al filed 01/30/07 1:07-cv-00591 ... Inc. filed
04/18/07 1:07-cv-02178 Vanguard Products Group, Inc. et al v. Merchandising Technologies, Inc. filed 04/ ... /07 1:07-cv-05776 Discover Products, Inc. et al v. Phoenix
Licensing, L.L.C. filed 10/11/07 1: ...
29 Aug, 2007 5:23 am
... diversity purposes is determined by the citizenship of its members. See Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899
(9th Cir.2006). Equilon's ... diversity under the language of § 1332. Plaintiff contends that the Court must look to Plaintiff's Complaint in determining citizenship of
the parties, and that the Complaint alleges that Equilon is a resident of or doing ... 28 U.S.C. § 1332(c)(1). Plaintiff's original state court Complaint
alleges that Shell Oil Products U.S. and Does 1 ...
30 Aug, 2007 1:31 pm
... operation of a venture capital fund, called NextPoint Partners, LP. Peskoff and Faber were managing members of NextPoint GP, LLC
("NextPoint "), the general partner of the venture ... sought documents, including email from his time at NextPoint Management. Faber's initial productions of email and
other documents did not include any emails ... limit discovery under Fed. R. Civ. P. 26(b)(2)(C). The court applied the standard articulated in the revised version of section
(iii) of this rule that will become ...
31 Aug, 2006 2:27 am
... United States trademark registered under the Trademark Act of 1946 [15 U.S.C. 1051 et seq.].) The complaint further alleges that an industry in the US exists as ... of
China. And two US Distributors: beWild.com of Bellmore, New York; Kalan LP (dba Kalan Trendsetting Gifts & Novelties) of Lansdowne,
Pennsylvania; Vista Wholesale ... were not their products. And on top of counterfeit trademarks, copyrights are infringed, by putting art and pictures on lighters, including Walt
Disney's figures. Zippo ...
3 Dec, 2007 3:40 am
... was found to be infringing a patent held by MercExchange. MercExchange sought to enjoin eBay from using its product. Under the Federal Circuit doctrine prevailing at the
time, an injunction was virtually guaranteed once infringement ... S/M test, which Justice Scalia referred to as "gobbledygook",3 is inconsistent with the Court's holding
in Graham v. John Deere.4 The Court essentially invalidated the T/S ... few years.8 1 eBay Inc. v. MercExchange, L.L.C., 126 S. Ct. 1837 (2007). 2 KSR v. Teleflex,
127 ...
30 Aug, 2007 7:55 am
... K&L Gates Peskoff v. Faber, 2007 WL 2416119 (D.D.C. Aug. 27, 2007) In this opinion, United States Magistrate Judge John M. Facciola ... 's operation of a venture
capital fund, called NextPoint Partners, LP. Peskoff and Faber were managing members of NextPoint GP, LLC ("NextPoint "), the general partner
of the venture capital ... , Peskoff sought documents, including email from his time at NextPoint Management. Faber's initial productions of email and other documents did
not include any emails that ...
22 Jul 11:01 pm
... Buy selectively asserted two Geek Squad service mark registrations (U.S. Reg. Nos. 1,943,643 and 2,744,658) -- those ... previous post on Twitter and Trademark Enforcement
and Protection): "A trademark owner's failure to take action against the unauthorized use of its trademark by third persons can ... earned a reputation for knowledgeable,
courteous, and outstanding customer service, as well as quality products. This reputation, goodwill and name recognition have been derived in part, from its commitment ...
31 Mar 3:16 am
... out of a failed deal between Cerberus Capital Management LP ("Cerberus") and ACS to take ACS private. In Re Affiliated Computer Services,
Inc. Shareholders Litig., Consol. C.A. No. 2821-VCL (Del. Chan. Ct. ... or, alternatively, (ii) whether the pleading creates a reasonable doubt that the challenged transaction
was anything other than the product of a valid exercise of business judgment. As to the first prong of the test, the court found that the plaintiffs did not plead sufficient
facts to ...
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