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30 May 2024, 12:21 pm by Dennis Crouch
Importantly, the appeals court left open the possibility that the U.S. [read post]
24 May 2024, 6:51 pm by Christine Kexel Chabot
In the decision on appeal, the United States Court of Appeals for the Fifth Circuit found that the Bureau’s funding structure was an unconstitutional “abomination” of which the “Framers warned. [read post]
20 May 2024, 8:06 am by Guest Author
In the decision on appeal, the United States Court of Appeals for the Fifth Circuit found that the Bureau’s funding structure was an unconstitutional “abomination” of which the “Framers warned. [read post]
16 May 2024, 12:37 pm by Ronald Mann
” Accordingly, she reasons, “[w]hen § 3 says that a court ‘shall … stay’ the proceeding, the court must do so. [read post]
16 May 2024, 4:10 am by Howard Friedman
., Maay 15, 2024), the U.S. 4th Circuit Court of Appeals in a 2-1 decision affirmed a Maryland federal district court's denial of a preliminary injunction in a challenge to a school board's refusal to allow parents to opt their children out of exposure to a group of LGBTQ inclusive books. [read post]
6 May 2024, 8:44 am by Jeff Welty
For example, Fayetteville Ordinance 17-12 states in part that “[w]hen an overnight shelter is available, it is unlawful to camp upon any city-owned property. [read post]
26 Apr 2024, 9:08 am by John Elwood
Court of Appeals for the 8th Circuit agreed and ordered remand. [read post]
23 Apr 2024, 5:53 am by Eleonora Rosati
Here’s what Henning writes:A correct reading of the ‘Puma-Rihanna’ case (T-647/22) – Five steps to happinessby Henning HartwigRihanna's IG postAttention had been clearly different if it was not Puma but a safety boot, and if the prior art was not from Rihanna’s Instagram account but an agonizingly boring middle-class DIY trade show. [read post]
20 Apr 2024, 3:57 am by jonathanturley
Instead, the police report on Meinecke’s arrest simply recites that “[w]hen resources allowed in the past[,] SPD would try and keep the two opposing groups separated. [read post]
2 Apr 2024, 9:52 pm by Jocelyn Bosse
The Board of Appeal held that the claimed invention was novel and involved an inventive step.Trade MarksAlessandro Cerri reported on the highly anticipated judgment of the England & Wales Court of Appeal in Lidl v Tesco, which upheld the High Court's findings on bad faith, infringement, and passing off, including the findings in respect of the 'price-matching' allegation. [read post]
25 Mar 2024, 12:50 pm by Eleonora Rosati
Here’s what Henning writes:Works of applied art – the difference between design and copyright lawby Henning HartwigI.USM Haller modular furnitureIn 2011, the Court of Justice of the EU (CJEU), for the first time, had to decide on issues revolving around the protection of different categories of works under European copyright law. [read post]
7 Mar 2024, 6:08 am by Samuel Bray
There are so many pressures toward abstraction—preenforcement suits, broad injunctions, and major constitutional questions decided on appeals from preliminary injunctions. [read post]
2 Mar 2024, 1:04 pm by Orin S. Kerr
Consider a recent example from the Michigan Court of Appeals, People v. [read post]
26 Feb 2024, 9:19 am by Julian Ellis
Appeal and Challenge: Google appealed the PTAB’s decision, challenging the Board’s determination and alleging an erroneous claim construction of a limitation in Claim 1. [read post]
19 Feb 2024, 3:00 am by Jeff Welty
App. 1982) (a defendant was arrested in one county on an outstanding warrant and was found to be carrying a concealed weapon and to be in possession of items recently stolen in another county; a magistrate in the county of arrest charged the defendant for possessing the weapon but declined to issue charges related to the theft, apparently because the magistrate thought it would be better for those charges to be obtained in the other county; the state appealed the magistrate’s refusal… [read post]
13 Feb 2024, 11:53 am by Phil Dixon
The district court denied that motion, and the plaintiff appealed. [read post]