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2 Mar 2016, 12:09 pm
On Monday, Magistrate Judge James Orenstein in Brooklyn ruled that Apple cannot be ordered under the All Writs Act to unlock an iPhone pursuant to a search warrant. [read post]
8 Jan 2016, 5:26 am
Smith, 203 F.3d 1122 (U.S. [read post]
28 Dec 2015, 2:51 am
The year began with one of those topics that featured on a regular basis throughout 2015: 60s pop band the Turtles' ongoing battle with Sirius XM to get paid royalties for the use of their pre-1972 sound recordings such as 'Happy Together": In January a New York federal judge largely dismissed Sirius XM’s request to reconsider her 2014 decision in favour of members of the band over the payment of royalties for recordings made before 1972. [read post]
14 Dec 2015, 5:36 am
Smith, 230 F.3d 300 (U.S. [read post]
10 Nov 2015, 3:30 am
As I discussed in my post on criminalisation of IP, detection (p) and punishment (n) increase costs. [read post]
9 Nov 2015, 7:09 am
In fact, product liability law often follows a “needs of the many” approach that supports research, development, and limitation of liability for prescription medical products, where large damage awards can occur in the Wink of an Eye and can result in The Doomsday Machine for such products. [read post]
28 Oct 2015, 11:52 am
“[I]f it is the speaker’s opinion that gives offense, that consequence is a reason for according it constitutional protection. [read post]
7 Oct 2015, 3:28 am
U. [read post]
1 Oct 2015, 6:00 am
A few years ago, American Bar Association President Stephen N. [read post]
25 Sep 2015, 6:43 am
Dozal–Bencomo, 952 F.2d 1246 (U.S. [read post]
Beecher-Monas Proposes to Abandon Common Sense, Science, and Expert Witnesses for Specific Causation
11 Sep 2015, 3:23 pm
Beecher-Monas tells us that expert witnesses are quite willing to opine on specific causation, but that they have no scientific or statistical warrant for doing so: “Statistics is the law of large numbers. [read post]
4 Sep 2015, 4:18 am
Lichtenberger, 786 F.3d 478 (U.S. [read post]
7 Aug 2015, 6:10 am
, 464 F.3d 951 (U.S. [read post]
20 Jul 2015, 1:10 pm
” 82 U. [read post]
20 Jul 2015, 9:07 am
It's been almost a year since my last series of posts on the fallout from Hobby Lobby--in particular, on the challenges by nonprofit organizations to the government's augmented religious accommodation. [read post]
30 Jun 2015, 6:52 am
In one case, the Second Circuit affirmed a judgment for a plaintiff in a breach of contract action, based in large part upon expert witness testimony that presented the results of a computer simulation. [read post]
11 May 2015, 11:01 pm
Boumelhem, 339 F.3d 414, 423 (6th Cir. 2003) (finding that the government properly searched a large cargo container before it left the United States because “the United States’s interest in preventing the export of weapons to other countries also implicates the sovereign’s interest in protecting itself”). [read post]
5 May 2015, 12:01 pm
To the contrary, the dispute in Smith, for example, arose in large degree due to the technological advance from call connections by telephone operators to electronic switching, which enabled the electronic data collection of telephone numbers dialed from within a home. [read post]
Of Printer Cartridges and Patent Exhaustion: The En Banc Federal Circuit is Poised to Clarify Quanta
21 Apr 2015, 7:19 pm
Guest post by Samuel F. [read post]
23 Mar 2015, 6:06 am
Tate, 821 F.2d 1328 (U.S. [read post]
