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28 Aug 2022, 5:29 pm by Christian Grostic, N.D. Ohio
As part of the factual basis for his appeal, he admitted to facts that established the elements of all three charges.The presentence report's guidelines calculation included two two-level enhancements that applied only "[i]f the defendant was convicted under 18 U.S.C. [read post]
26 Aug 2022, 6:37 am by Eugene Volokh
Many plaintiffs and even more defendants risk some degree of stigma if their identities are revealed. [read post]
25 Aug 2022, 1:35 pm by admin
Professor Schauer’s discussion of statistical significance, covered in my last post,[1] is curious for its disclaimer that “there is no claim here that measures of statistical significance map easily onto measures of the burden of proof. [read post]
25 Aug 2022, 10:00 am by James Kachmar
Wanat, 970 F.3d 1201 (9th Cir. 2020), to argue that there had been no evidence showing that there had been any illegal downloading, streaming or other active infringement within California. [read post]
25 Aug 2022, 6:24 am by Eugene Volokh
And if the court concludes that plaintiff has a viable legal claim, then it would presumably deny the defendant's request for total anonymity, since the plaintiff must be entitled to identify the defendant to gather information needed to allow the plaintiff's case to go forward—for instance, information needed to establish the defendant's state of mind, or to eventually satisfy a judgment against the defendant. [read post]
25 Aug 2022, 5:17 am by Eugene Volokh
Rather, the court reasons, [F]ederal courts enforce the presumption against party pseudonyms in civil litigation under their inherent power to "formulate procedural rules not specifically required by the Constitution or the Congress. [read post]
23 Aug 2022, 10:07 am by Holly Brezee
Navigate around prior art Often in litigation, a defendant will raise various prior art references to invalidate a patent. [read post]
  TransUnion stands for the proposition that a plaintiff is not automatically granted standing to sue a private defendant in federal court after the violation of a statute enacted by Congress. [read post]
23 Aug 2022, 4:00 am by Derrick George
Instead, judges now have the discretion to sentence a defendant to less than the agreed-upon minimum sentence if they see fit. [read post]
22 Aug 2022, 10:46 pm by Florian Mueller
But allowing defendants to waste trial time--and thereby to force a complainant to do so as well--on defenses that could easily be disposed of at an early stage is undesirable for the agency and for SEP holders dealing with unwilling licensees.Just a few days ago, IPWatchdog published an interesting article that was inspired by Ericsson's ongoing enforcement of a preliminary 5G SEP injunction against Apple in Latin America: From SEPs to Discovery, Colombia is Getting More Patent… [read post]