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14 Feb, 2008 10:23 am
... 3, 2008. Both the ASCII and HTML versions of this Newsletter Flag appear below: Sponsored by Canon U.S.A, Inc.
CANON NETWORK SCANNING AT ITS BEST! Check out Canon's newest addition to their award-winning
DR-Scanner line, the new ScanFront 220/220P network scanner. The ... desk space than most competitive models. To learn more, visit www.canonscanningsuccess.com. Sponsored by
Canon U.S.A, Inc. About Newsletter Flags Newsletter Flags enable companies to sponsor our critically-acclaimed e ...
10 Apr, 2008 9:56 am
... -30, 2008. Both the ASCII and HTML versions of this Newsletter Flag appear below: THE NEED FOR SPEED: CANON'S DR-X10C PRODUCTION
SCANNER! Introducing the New DR-X10C, Canon's premier ... production level scanning. Like what you see? For more information, please
visit www.canonscanningsuccess.com. Sponsored by Canon U.S.A, Inc. About Newsletter Flags Newsletter Flags enable
companies to sponsor our critically-acclaimed e-mail newsletters. Every two weeks, we place the most popular Newsletter Flag as ...
16 Jan, 2007 10:34 pm
... performed by IFI shows that IBM obtained 3,651 U.S. patents in 2006, with Samsung Electronics Co. Ltd. second with 2,453, Canon K K third with 2,378, Matsushita ... ten are Intel Corp., Sony Corp., Hitachi Ltd., Toshiba Corp., and Micron Technology Inc. IBM has obtained
more patents per year than any other company since 1993. ... it by Uncle Sam in a year--until 2006. The remaining top four patent holders--Samsung, Canon, Matsushita, and HP--all broke 2,000 patents for the first time in their histories ...
23 Apr 1:50 pm
... for leisurely reading, rather than a law-school course. My tentative title is "The Canon of American Common Law." It is an idea of mine
that started with the thought that it would be exciting to give a ... v. PeelMoore v. Regents of the University of CaliforniaVanna White v. Samsung Electronics America, Inc.State
v. ShackBoomer v. Atlantic Cement Co. Torts:Vosburg v. ... . Also, you'll notice I have not included any U.S. Supreme Court cases. That's another casual-casebook
project - but a worthy one. I ...
2 Nov, 2007 6:30 am
... will rule on controversial issues that come before their courts. Indiana Right to Life Inc. sued Indiana Chief Justice Randall Shepard in 2004, saying the judge had infringed
... Bopp, a Terre Haute, Ind., attorney who successfully argued a similar case before the U.S. Supreme Court in 2002. "Judicial candidates are being severely restrained in
their ability ... 7th Circuit threw out that ruling. But rather than analyze Sharp's logic on the issue, the appeals judges said Indiana Right to Life did not ...
5 Nov 10:06 am
... a customer against a restaurant operated by Creative, sued it for violations of the Fair and Accurate Transaction Act ("FACTA"), 15 U.S.C. § 1681c(g). The issue was
printing more than five digits of a credit card for a ... of a more inclusive description of the categories of "publication" to be covered by an insurance policy, particularly in light
of Florida's insurance policy construction canon requiring courts to interpret coverage clauses "in the broadest possible manner to
[e]ffect the greatest ...
27 Jun, 2008 5:08 pm
Canon U.S.A., Inc. v. S.A.M., Inc., 2008 U.S. Dist. LEXIS 47712 (E.D. La. Jun. 20, 2008) In
responding to initial discovery requests in July, 2007, defendant producer indicated that many documents contained in producer's office building had been destroyed in Hurricanes
Katrina and Rita, as well as a subsequent fire, but producer would continue to search [...]
15 May, 2007 1:17 pm
... a diligence requirement into 28 U.S.C. § 2244(d)(1)(B), even though it doesn't specifically appear in that section. So, in a typical act of "pick the most oppressive
canon of statutory construction" the First rejects this one: "Congress acts intentionally and purposely when it includes particular language
... of statutes are intended to have meaning and are to be given effect." United States v. Ven-Fuel, Inc., 758 F.2d 741, 751 (1st Cir. 1985); accord Libby v. Magnusson, 177 F ...
23 Apr 5:20 am
... action sought to represent an ascertainable class, id., at 4. And in this respect, the debtor's claim that she was entitled to conduct discovery or to have the trial court
conduct an evidentiary ... to incur the expense of an evidentiary hearing or class-related discovery.'" Id. (quoting Canon U.S.A.
Inc. v. Superior Court, 68 Cal.App.4th 1, ... made to each purported class member." Id., at 10. Moreover, to the extent the debtor's class action claims were based on
deceit, "there must be common facts ...
11 Nov 6:05 am
... at odds with the intentions of the drafters." United States v. Ron Pair Enters., Inc., 489 U.S. 235, 242 (1989) (internal quotation marks omitted); In re ...
not be used to create an ambiguity where the language was clear). Further, courts may resort to canons of statutory construction, such as ejusdem generis, when the plain meaning
approach does not ... JV, 209 F.3d 252, 258 (3d Cir. 2000) (applying canons of construction to ambiguous term "any interest" in section 363(f) of the Bankruptcy Code). ...
23 Jan, 2008 2:49 am
... equitable resolution. For the unacquainted, canons of construction are interpretative guidelines (not rules, see Ali v. Federal Bureau of Prisons, 552 U.S. ___
(Jan. 22, ... generis applies when the general term proceeds the specific terms. Compare Liberty Ins. Underwriters, Inc. v. Westport Ins. Corp., No. 04-CV-01856, 2006 WL 2130728
... mine subsidence or earth sinking, rising, or shifting") with Mincin v. Vail Holdings, Inc., 308 F.3d 1105 (10th Cir. 2002) (where "the general language . . . precedes ...
16 Jun, 2008 10:01 pm
... of Equalization v. Sierra Summit, Inc., 490 U.S. 844, 851-852 (1989). (Op. at 14). The majority found the second canon
(that a court should not ... construe § 1146(a) "liberally" to serve its ostensibly "remedial" purpose. Based on the Eleventh Circuit's declaration that the Bankruptcy Code is a
"remedial statute," Piccadilly would stretch the disallowance well ... had a single purpose in enacting Chapter 11." Toibb v. Radloff, 501 U.S. 157, 163 (1991). Rather,
Chapter 11 strikes a balance between a ...
25 Sep, 2008 7:31 pm
... "). Lawyers make sure the law is like that. It keeps us employed. Because it's sort of a canon of construction, express preemption
land is where our pet peeve, the presumption against preemption, ... in our neck of the woods in Buckman Co. v. Plaintiffs' Legal Committee, 531 U.S. 341, 352 (2001). Why?
Repeat after us: Because implied preemption ... also had to address) from only a couple of years ago. Compare, Pinney v. Nokia, Inc., 402 F.3d 430 (4th Cir. 2005). What happened?
The EDPA is in the Third ...
8 Feb, 2008 9:06 am
... Kwanon with 1,000 arms and flames. Coolness of logo notwithstanding, the company registered the differently spelled word "Canon" as a
trademark because it sounded similar to Kwanon while implying precision, a characteristic the company would like to be known ... rough patches in its history: its first PDA called
Zoomer was a commercial flop. Next, it was bought out by U.S. Robotics who was promptly sued by Xerox for patent infringement over its Graffiti handwriting recognition
technology. Then it ...
17 Jun, 2008 7:46 pm
... after confirmation of a Chapter 11 plan. In Florida Department of Revenue v. Piccadilly Cafeterias, Inc. the court construed 11 U.S.C. § 1146(a), which provides
that "[t]he issuance, transfer, or exchange of ... for preconfirmation transfers should be seen as implicit approval by Congress of this interpretation. Seemingly more important, in the
eyes of the Court, was the canon that state tax exemptions should be construed narrowly to minimize federal interference with state tax
regimes, provided in ...
16 Nov, 2007 4:00 am
... the Jammie Thomas case: (IP Think Tank), Garmin Corp. and TomTom Inc., have called a truce in their worldwide patent war over GPS systems, ... document titled "Enhancing the
patent system in Europe": (BLOG@IPR::JUR) Germany Canon has won the day in the highest appeal court in its dispute with alternative supplier
Pelikan ... wikibrief), (PLI), Federal Circuit handed U.S. Filter Corp. a victory on Wednesday when it ruled that one of the patents Zenon Environmental Inc. had
sued it over was anticipated: ...
9 Jul, 2008 11:36 pm
... reading of the statute extended the exemption to all transfers that complied with the terms of a plan, regardless of whether that plan's confirmation happened before, or
after, the transfer. On cross-motions for summary judgment, the bankruptcy court ruled in favor of ... of Piccadilly. Indeed, the Court held that in the event of ambiguity, the
interpretive "canon" of California State Bd. of Equalization v. Sierra Summit, Inc., 490 U.S. 844 (1989), required it to
construe the provision narrowly in ...
5 Feb, 2007 7:46 pm
... rights statute); Perrin v. United States, 444 U.S. 37, 42 (1979). (recognizing the "fundamental canon of statutory
construction is that, unless otherwise defined, words ... 1900 dictionary definition recited in American Fruit Growers, Inc. v. Brogdex Co., 283 U.S. 1, 11 (1931)).
A careful textualist would look ... liberal arts," "a trade," or "artfulness, skill." The relevant definitions are all identical in Sheridan's dictionary. Finally, Webster
defines manufacture to include "[t]he operation of making ...
21 Nov, 2007 4:08 am
... Court of Federal Claims because it did not lack jurisdiction over KLN's § 1498(a) defense; the United States is not an indispensable party to this dispute between private ...
joint tortfeasors are not by virtue of their jointness indispensable parties . . . would be overthrown" Canon, Inc. v. GCC International
Limited, et al. (11/16/2007, ... affirmed because no abuse of discretion); discussion of patent related to toner cartridges (U.S. Patent No. 6,336,018, entitled
"Electrophotographic image forming ...
1 Jun, 2007 2:30 pm
... not ... construe statutory phrases in isolation; we read statutes as a whole.' Ayes v. U.S. Dep't of Veteranas Affairs, 473 F.3d 104, 108 (4th Cir ... could find
common ground, as they did in Howard Delivery Serv., Inc. v. Zurich American Ins. Co., 126 S. Ct. 2105 (2006) (pdf) (reviewed at length here), where ... and BAPCPA guru
Cathy Vance for making available online Cathy's short reference piece entitled "Some Canons of Statutory Construction." The inset graph is taken from useful insights and
links ...
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