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29 Aug 2022, 8:59 am
Co., 621 F. [read post]
28 Aug 2022, 5:29 pm
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
Many plaintiffs and even more defendants risk some degree of stigma if their identities are revealed. [read post]
26 Aug 2022, 6:02 am
., 490 F. [read post]
25 Aug 2022, 3:49 pm
RCW 9.73.130(3)(f). [read post]
25 Aug 2022, 2:51 pm
., 38 F.4th 1013 (Fed. [read post]
25 Aug 2022, 1:35 pm
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
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
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
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]
25 Aug 2022, 4:30 am
Hous., Ltd., 625 F. [read post]
24 Aug 2022, 5:01 am
Neverson, 820 F. [read post]
23 Aug 2022, 10:07 am
Navigate around prior art Often in litigation, a defendant will raise various prior art references to invalidate a patent. [read post]
23 Aug 2022, 7:36 am
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, 5:00 am
Grimaldi, 875 F.2d 994 (2d Cir. 1989). [read post]
23 Aug 2022, 4:00 am
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
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]
22 Aug 2022, 12:06 pm
See Grimm, 302 F. [read post]
22 Aug 2022, 5:56 am
(The organization where I serve as a fellow, Robert F. [read post]
21 Aug 2022, 2:23 pm
., 931 F. [read post]