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22 May 2023, 1:38 am by Aaron Moss
But if you were looking for the Court to provide an easy-to-apply standard for future fair use cases—or any standard at all, really—you won’t find it. [read post]
18 Mar 2011, 10:04 am by Schachtman
Supp. 2d 684, 691 (W.D.N.C. 2003) (“Epidemiologic data that shows a risk cannot support an inference of cause unless (1) the data are statistically significant according to scientific standards used for evaluating such associations; (2) the relative risk is sufficiently strong to support an inference of ‘more likely than not’; and (3)  the epidemiologic data fits the plaintiff’s case in terms of exposure, latency, and other relevant variables. [read post]
24 May 2024, 7:38 am by Gregory Lars Gunnerson
LKQ had presented the following comparisons between the D’625 patent, Lian, and Tucson: The Federal Circuit aims to reset the obviousness standard to the one set forth Graham v. [read post]
11 Apr 2024, 1:19 am by David Pocklington
The applicable standard of proof in respect of contempt of court is the criminal standard; d. [read post]
17 Feb 2011, 2:55 pm by Mark A. Spognardi
Mayo urged use of the standard adopted in 1979 in National Muffler Dealers Association. [read post]
17 Aug 2011, 1:22 pm by WIMS
See Energy Conservation Standards for Small Electric Motors: Final Rule, 75 Fed. [read post]
8 Feb 2016, 6:32 am by David Ryan
Additionally, Morrison’s explanation of the “focus” test is far more detailed and analytically precise than the Kiobel majority’s one-sentence announcement of the “touch and concern” standard. [read post]
27 Dec 2022, 4:03 am
On the first of this month, the Michigan Court of Appeals issued a useful decision, People v. [read post]
 The licence would be a worldwide 4G multi-standard licence covering all future Apple products (including the theorised “Apple car” costing US$100,000…). [read post]
10 Jun 2011, 12:43 pm
Wilson, 2007 BCCA 622 (CanLII), 2007 BCCA 622: [109] “Material contribution”, as that phrase was used in Athey v. [read post]
20 Jun 2023, 6:07 am by Eric Goldman
  More precisely, the term “lawfully” includes, but is not limited to, derivative works created with permission of the copyright owner in the underlying work. [read post]