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13 Aug, 2006 2:37 pm
... the denouncers of, BI tools tend to fall into the classic trap of thinking in terms of Static Analysis rather than Dynamic Analysis. What
do I mean by that? Suppose a legislature is about to pass a tax increase on a certain behavior: Say, driving across the (currently ... tax increase will raise revenue by $x. But they
rarely ask, then what? "What" is that people will change their behavior in light of the new tolls; they'll car-pool, use mass-transit, choose another route into Manhattan, etc.,
and ...
15 Oct 6:19 pm
... jointly liable with the company for violations of the securities laws. The government's sovereign immunity throws a wrench into this dynamic. I won't bore you with all the sovereign immunity analysis in the paper, but let me just say that ... to be torts. Takings clause litigation,
generally a difficult test to pass, would seem especially difficult here in light of the many objectives articulated by the government in the bailout legislation. Section 3 of
the Securities Exchange Act, passed in 1934, ...
2 Jul, 2007 3:01 pm
Williams v. Taser Int'l, Inc., 2007 WL 1630875 (N.D. Ga. June 4, 2007) The court in this wrongful death case had previously held a hearing on
outstanding discovery issues, and had ... demonstrated inability to work together reasonably in an effort to resolve discovery disputes, the court stated it would not compel the parties
to collaborate in the dynamic manner suggested by plaintiffs. Further, the court stated it similarly would not require the production to
proceed in the manner Taser proposed, ...
15 Apr 6:49 am
... examination of how we got to this point must begin with an understanding of some of the global economic and financial dynamics of the last two decades. Certainly, what
started in a localized part of the U.S. mortgage market spread to virtually ... actions to be taken and our firm pledges to be a constructive participant in that process. In that vein,
I believe it is useful, in light of the lessons we take away from this crisis, to consider important principles for our industry, for policymakers and ...
30 Jul 8:45 pm
... L.L.C., 527 F.3d 1330, 1336 (Fed. Cir. 2008); Electro Scientific Indus., Inc. v. Dynamic Details,
Inc., 307 F.3d 1343, 1350 (Fed. Cir. 2002); Bayer AG v. Biovail Corp., ... a district court's grant of summary judgment of non-infringement
only if, after viewing the alleged facts in the light most favorable to the non-movant, there is no genuine issue as to whether the accused device is encompassed by the claims."
Combined Sys., Inc. v. Def. Tech. Corp. of Am., 350 F.3d 1207, 1210 (Fed. Cir. 2003) ( ...
30 Mar 3:06 pm
... the information. The judge stated that such disclosure would allow both parties to prepare for trial in the same light, and that it was not appropriate for the defendants to
seek to ambush the plaintiff with his or her own Facebook page. With ... a Facebook profile will need to be disclosed, and preserved in order to avoid spoliation issues. Facebook pages
are dynamic - where relevant material is discovered, this material needs to be preserved. Webpages should be downloaded, saved and dated. High-
...
13 Oct, 2008 12:12 pm
... tools for invention review (Securing Innovation) Dynamic tools for publication clearance (Securing Innovation) Dynamic tools for trade secrets (Securing Innovation) Eureka! Ranch royalty rate ... IF YOU CAN !!!) ECJ clarifies rules relating to notice: K-Swiss
Inc v OHIM (Class 46) EU Competitiveness Council resolution against counterfeiting ... measure for awarding defendants' fees: Hyperquest,
Inc v N'Site Solutions, Inc (Chicago IP Litigation Blog) Lighting Science wins preliminary injunction against ...
10 Nov 12:46 pm
... corporate law professors. While disputes as to the latter two questions were unavoidable in light of the hot debate over corporate takeovers, disagreement as to the former
was avoidable. The disparate readings ... CTS acquisition was intended to thwart WHX Corporation's hostile takeover bid for Dynamics. CTS' chairman described the acquisition as a
major benefit to "our shareholders." He also ... Plastics, and Allied Workers Int'l Union v. Wickes Co. Inc., 578 A.2d 402, 406 (N.J. Super.
1990). [19] Recall ...
27 Jun, 2008 10:04 am
... application an abuse of process and improper attempt to relitigate validity: Pfizer Canada Inc et al v Novopharm Limited et al:
(Pharmacapsules@Gowlings), Yasmin ... Disclaimer from familial patent nullifies infringement: Heuft Systemtechnik GmbH v Industrial Dynamics Co (non-precedential): (Peter Zura's
271 Patent Blog), (Patent ... 6M in damages and interest: (Copyfight), (IP Law360), (Patent Prospector), Minka Lighting - CAFC overturns lower
court's summary judgment of noninfringement in patent case ...
12 Oct, 2007 9:14 am
... and Members Liebman and Kirsanow participated.) Charge filed by DST Insulation, Inc.; complaint alleged violation of Section 8(b)(3).
Hearing at Cleveland on Feb ... portion of the case concerning them for further findings in light of the Board's decision in Oil Capitol Sheet Metal, Inc., 349 NLRB No. 118 (2007). In doing ... assignments because such changes were consistent with an alleged past practice of maintaining a dynamic status quo in which the stores assigned to sales employees and drivers varied ...
9 Jan 7:00 am
... law in midst of litigation: Rentrop v Spectranetics Corporation (Promote the Progress) CAFC: PTO must interpret claims in light of specification and as they would be
interpreted by PHOSITA: In re Wheeler (not precedential) (Patently-O) (Promote the ... Hal Wegner) Rambus - Rambus not allowed to use doctrine of equivalents to prove infringement in
patent dispute with rival manufacturers of dynamic random access memory (Law360) Research in Motion - MSTG sues RIM over three patents related
to wireless ...
12 May 12:20 pm
... enforcement of Section 2 of the Sherman Act in furtherance of the principles embodied in these cases. We do not lightly withdraw the Report. In this instance, however, we
concluded that the message sent by the doctrinal implications of this Report is too ... access to a network facility controlled by a dominant firm can deny "consumers the full benefits
of technological progress that a dynamically competitive market would offer." Carl Shapiro, Exclusivity in Network Industries, 7 Geo. Mason L. Rev. ...
3 Jun, 2007 1:59 pm
... developed eye-tracking technology that may let billboard advertisers accurately count eyeballs. * Optima Funding, Inc. v. Strang, 2007 WL
1430699 (Cal. Ct. App. May 16, 2007). A ... , Static Control v. Lexmark. * AP: Wisconsin bar owner gets a ticket for serving Coors Light beer using a Miller Lite-branded tap. He
should have known better than ... termination of franchises. See Wiggin and Dana's writeup. * Nazaruk v. eBay, Inc., 2007 WL 1417287 (10th Cir.
May 15, 2007). In a non-substantive opinion, the ...
8 Dec, 2007 11:00 am
... , manufacturer) in China registered your mark?: (China Business Law Blog), Shedding light on China's underground cybercrime economy: (ArsTechnica), Europe Nordic Patent
Institute will ... it's first suit against Google in Florida, F&G Research Inc. has filed again in North Carolina over the same patent,
alleging that Google ... . expanded counterclaims against Mosaid Technologies Inc. in a patent infringement suit over dynamic random access memory (DRAM): (IPLaw360), Microsoft - Z4 wages new attacj ...
15 Dec, 2008 3:08 pm
... in Altria Group, Inc. v. Good, No. 07-562. By a vote of 5-4, the Court has ruled that federal law does not preempt a lawsuit brought by
smokers of "light" cigarettes alleging that defendants violated the Maine Unfair Trade Practices Act by fraudulently advertising that the ... Order List. In early news coverage,
The Associated Press reports that "Court allows lawsuits over 'light' cigarettes"; "Court revives case of former Gitmo detainees"; "Court sides with NY Times in anthrax libel ...
3 Sep 8:25 pm
... Fed. Cir. 2001), and circumstantial evidence may be sufficient, Liquid Dynamics Corp. v. Vaughan Co., Inc., 449 F.3d 1209, 1219
(Fed. Cir. ... 9. Martek now appeals the district court's claim construction, arguing it is erroneous in light of the patent's stated definition of "animal." We review such
issues of claim construction ... that comports with the written description of the patent as a whole, see Markman v. Westview Instruments, Inc., 517 U.S. 370, 389 (1996), and not simply with a single sentence ...
15 Mar, 2008 7:00 am
... costs order in trade marks infringement case Brother Industries, Ltd v Dynamic Supplies Pty Ltd: (Australian Trade Marks Law Blog), Is
there an engineer in ... in moving patent lawsuits away from East Texas: Micron Technology Inc v Mosaid Technologies Inc: (Techdirt), Are CND patent lawsuits actually a mating call?: (Philip ... Microsoft's patent for replicating data files: (IP Law360), Philips Lumileds
Lighting Company - Columbia University professor settles infringement claims against Philips over ...
1 Sep, 2008 7:21 am
... telephone call. As we explain more fully below, the addition of the "However . . . " sentence to the assigning limitation changed the dynamic of the trial. The usual cases were cited: Though in claim construction matters we give due weight to ... ("By statutory and common law, each patent
establishes an independent and distinct property right."), and in light of the underlying jurisprudential basis for the bad faith standard, rooted as it is in Supreme Court cases
and Constitutional principles, see ...
13 Jun, 2008 3:40 am
... suit against Sun over ANDA to manufacture generic Xyzal: (Patent Docs) Africa Light Years points the way for sub-Saharan IP growth: (Afro-IP), Hewlett-Packard ... Cameron
Storage: (IPRoo), TMO decides SIX IN THE CITY registrable: Home Box Office, Inc v Susan Stigwood Pty Ltd: (IPRoo), Employment qualifications
for registered patent ... (IP Law360), Bernardos -Bernardo appeals partial summary judgment in favour of Fortune Dynamics on damages for lack of notice and then, after a bench
trial, finding non- ...
15 Jun, 2007 3:12 pm
... apply." 7 Cal. 4th at 1189. The second case, Fox Searchlight Pictures, Inc. v. Paladino, 89 Cal. App. 4th 294 (2001), dealt with a claim
... denial of the motion. The court reasoned in part that Section 6068(e) had to be read in light of "other statutes and ethical rules," such as Evidence Code Section 958, ...
disclosure, particularly not for their own benefit. (Paladino is right to say that General Dynamics must be read to allow disclosure to employment counsel, and as an inferior
tribunal the court ...
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