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28 Aug 5:09 am
... and Justice O'Neill, who have workaholic credentials in any event (at least by high court standards) and each penned a signed opinion on behalf of the Court. Brister also
wrote a dissent. The remainder of today's stack of opinions - long awaited ... by Justice O'Neill delving into how electronic discovery issues are handled in federal courts; an oil
& gas contract construction case precipitated by a dispute over fugitive gas; two opinions addressing entitlement to attorney's fees (or absence ...
29 Oct, 2007 10:00 am
... PCT/US05/047699. Other counts in the complaint include fraud, misrepresentation, breach of fiduciary duty, fraud by concealment, constructive fraud, breach of contract,
conversion, misappropriation of scientific ideas, negligent misrepresentation, tortious interference, legal malpractice, ... Los Angeles, CA-based Nakajima USA, Inc. for alleged
infringement of its U.S. Patent No. 6,158,871, which is directed to an "Illuminated Ball-Point Pen" (advertisement). Infringement allegations
were based on ...
24 Jul, 2008 10:00 pm
... two really good summaries going well beyond the general Internet pabulum about pens and meals and instead lay out the guts of the PhRMA guidelines in a way ... admissible,
private safety "standards must have been promulgated prior to the production or construction of the device in question"); Vroman v. Sears, Roebuck & Co., 387 F. ... Dennis,
Inc., 291 A.2d 616, 618 (N.H. 1972) (absent evidence that private safety code "had been promulgated by the council prior to the construction of the allegedly ...
29 Jun 5:05 pm
... Parol Evidence] Rule can't keep these eight away! That which comes after penned or said in laughter, add a change it's okay (Subsequent K's modification oral or ... while.
Id. They also gave the peel a polygraph test. It passed with flying colors. Constructive notice is more difficult to prove in cases surrounding a spill. Some courts have held
that ... used the service, the former may recover." Id. citing Dunn v. Phoenix Village, Inc., 213 F. Supp. 936 (W.D. Ark. 1963). Lyrics, Introduction, Footnotes ...
1 Jun, 2007 2:30 pm
... the 60 pages of handouts on principles of statutory construction that the Southern District of Ohio's Chief Bankruptcy Judge, Thomas F. Waldron, penned for last year's
NCBJ ... Scalia could find common ground, as they did in Howard Delivery Serv., Inc. v. Zurich American Ins. Co., 126 S. Ct. 2105 (2006) (pdf) ( ... they disseminated at the 2006
NCBJ entitled: Principal Principles of Principled Decisions: Statutory Construction and BAPCPA. Thanks also to the Commercial Law League of America and BAPCPA ...
23 Oct, 2007 8:20 am
... Sadly, here "[t]he parties chose to ignore this crucial aspect of claim construction in their briefs" and "[t]he technology synopses provided in accordance with the court ...
manufacture or design. Kwitek did not indicate that its counsel had been involved in pen manufacturing or had a degree in a relevant field of
science. Likewise Pilot chose not ... v. DirecTV Group, Inc., 424 F.Supp.2d 896, 898-900 (E.D.Tex.2006). . . . The problem with this approach is that the claim
construction hearing is supposed ...
23 Dec, 2007 8:00 pm
... Law360), Neopogen (Filgrastim) - Sloan-Kettering Institute for Cancer Research sues Amgen Inc. for allegedly evading royalty payments on infection preventative drugs,
Neupogen and Neulasta: ... Watch), Wembley Gypsum Products v MST Industrial Systems: (Mondaq.com), Fake pens in China write/writ large -China's current status regarding
counterfeiting: ... toss trade secret claims: (IP Law360), Claim constructions adopted in catheter patent suit between Medtronic Inc and Boston Scientific Corp: (IP Law360
...
23 Mar, 2007 10:00 pm
... the law and were not therefore subject to an action for trover or conversion ( see id. at 91). Under this traditional construct, conversion was viewed as "the 'unauthorized
assumption and exercise of the right of ownership over goods belonging to another to the ... any reason in law or logic why this process of virtual creation should be treated any
differently from production by pen on paper or quill on parchment. A document stored on a computer hard drive has the same value as a paper
document ...
20 May, 2008 10:27 am
... section 28-9-4-2 is irrefutable and, as required by the rules of statutory construction, we will not reinsert the omitted language into the statute when construing the
statute. Thus, ... whether a release Garrido signed after termination of his employment with McDonald Investments, Inc., absolved him of liability for a Key Bank promissory note
that he co-signed. ... easement. Finding no error, we affirm." Wayne E. Sinn v. Pen Products, Nancy Broglin, et al (NFP) - "Based on the
foregoing, we conclude ...
13 Jun, 2008 3:40 am
... Technical Boards of Appeal - London: (IPKat), 16 July: US LSI: Patent claim construction workshop - Seattle: (Patent Docs), 21-23 July: EU ATRIP meeting on ... on
counterfeits: (Afro-IP), Uganda: High Court awards damages for inconvenience in counterfeit pens case: Bic v Wenbara: (Afro-IP) Australia New Australian IP news ... 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 attorney ...
6 Sep, 2007 2:12 pm
... court lawsuit against competitor L. J. Kruse Company for accepting job targeting program funds from the Union for a construction project. The state lawsuit alleged that the
acceptance of the funds violated the California Labor Code and the California Business ... of surveillance of its employees' union activities. The facts showed that when Griego handed
another employee a union pen, an assistant manager told them to "take this to the break room." The majority relied on the principle that it is
...
8 Apr, 2008 1:22 pm
... shed more light on its meaning. See, e.g., West Va. Univ. Hosps., Inc. v. Casey, 499 U.S. 83, 100 (1991) ("[W]e construe ... , organ failure, or serious impairment of body
functions. One weakness of the rules of statutory construction (or rules of interpretation) approach is that everyone knows (as said Justice Kennedy in 2006 at the Nabrit Lecture
... wrong analysis did acts that were severe pain (meaning torture). His pen flowed to torture. And the prosecutor could argue that Yoo was not
mistaken out ...
2 Jan 9:49 am
... the issue. Here is a more complete summary. In Julian v. Eastern States Construction Service, Inc., 2008 WL 2673300 (Del. Ch., July 8, 2008), read opinion ... article
could be written on this case alone, and substantial commentary has already been penned about it. An equally weighty later decision denying a motion for reargument was summarized
here. The case is ... Court. In Steel Partners II, L.P. v. Point Blank Solutions, Inc., 2008 WL 3522431 (Aug. 12, 2008), the initial complaint was filed to force ...
13 Jan 2:17 pm
... the issue. Here is a more complete summary. • In Julian v. Eastern States Construction Service, Inc., 2008 WL 2673300 (Del. Ch., July 8, 2008), read opinion ... could
be written on this case alone, and substantial commentary has already been penned about it. An equally weighty later decision denying a motion for reargument was summarized here.
The case is ... Court. • In Steel Partners II, L.P. v. Point Blank Solutions, Inc., 2008 WL 3522431 (Aug. 12, 2008), the initial complaint was filed to force the ...
23 Mar 1:26 pm
... Defendant's sentence for illegal reentry into the U.S. is vacated, where Cal. Pen. Code section 288a(b)(1), under which Defendant was
previously convicted for ... U.S. 7th Circuit Court of Appeals, March 19, 2009 The Cancer Found. Inc. v. Cerberus Capital Management, LP, No. 08-1981 In an action brought ...
affirmed where defendant is ineligible for habeas corpus relief as he is no longer in actual or constructive California custody as a result of his 1989 conviction, but is instead
in federal custody ...
19 May, 2008 11:13 pm
... the court addressed and rejected the defendant's attempted reliance on the "new right-exclusive remedy" rule of statutory construction, in favor of the "preexisting
right-cumulative remedies" rule, the rule also relied upon by Plaintiffs in this matter. ... statutory theory. Thus, both the California Court of Appeals and the California Supreme
Court have acknowledged, in decisions penned subsequent to Rojo, that an employee's right to sue for unpaid wages is not limited to an action under the Labor ...
2 Jun, 2008 1:33 am
... of correctional services certifies to the legislative bill drafting commission that the first residential mental health unit constructed by the department of correctional
services is completed and ready to receive inmates, provided, however that such sections shall ... on the same date as the non-profit racing association known as The New York Racing
Association, Inc.'s confirmation of a plan of reorganization in the pending bankruptcy proceeding in the Southern District of New York; provided that ...
21 Nov, 2007 10:38 am
... for operating while intoxicated. NFP civil opinions today (7): Kenneth E. Gentry v. Pen Products, Herb Newkirk, Floyd Burton, Ed Jones
(NFP) - "Gentry did not meet his ... for default judgment. We affirm." JP Morgan Chase Bank, as Trustee for Equity One ABS, Inc., Mortgage Pass-Through Certified Series #2003-1
v. Curtis M. Howell, et al ... of her Complaint. See I.C. § 32-27-2-7. Accordingly, any claim related to the construction of the home must fall under I.C. § 32-27-28(a)(4) and
must be considered ...
31 Dec, 2007 10:24 am
... value and claim breadth in light of the potential market. 10) US Patent 7,195,754 (Eikos Inc.) [www.freepatentsonline.com] This patent presents basic claims to carbon
nanotubes as a component of sunscreen with advantages to UV blocking. Claim ... core region, wherein the outer region is selectively functionalized with a chemical or biological species
added to the nanowire after construction of the nanowire. " 3) US Patent 7,312,155 (Intel) [www.freepatentsonline.com] This patent is basic to forming ...
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