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9 Sep 2020, 12:05 pm by Rebecca Tushnet
”  He didn’t explain where this formula came from or why it was justified. [read post]
23 Sep 2010, 7:12 am by annalthouse@gmail.com (Ann Althouse)
Don't let the horrible photo chosen by Media Matters here stop you from listening to the audio. [read post]
17 Dec 2010, 4:30 am by Richard Murphy
  According to Professor Foy, the judge should: (a) instead concede that interpretations A and B both seem pretty darn reasonable as a matter of conventional legal analysis, and then (b) truthfully explain whatever reasons of policy, equity, or justice moved the judge to choose one interpretation over the other. [read post]
31 Aug 2011, 5:01 pm by Oliver G. Randl
In fact, the technical problem defined by the [applicant], i.e. finding particular colouring agents having specific properties cannot logically have as a solution a method of colouring hair with known colouring compositions characterized by the length of time they are applied to the hair.With regard to the comparative tests on which the Applicant relied, the comparison with the closest state of the art must be such that the purported effect is convincingly shown to have its origin in the… [read post]
26 May 2011, 12:00 pm by Valerie Katz
Indeed, on a given matter, only one associate may be staffed on the matter, so you will also be required to do work that may be considered “beneath you. [read post]
1 Feb 2016, 8:29 am
Rule 26(b) commands that all discovery be both relevant and proportional.Xarelto, 2016 WL 311762, at *4. [read post]
5 Mar 2020, 11:02 am by Peter Groves
I have shown one of the claimant's registered trade marks and one of the defendant's signs, but you can see them all in the judgment if you click on the link, should you feel it necessary.There was not a high enough level of similarity to find a likelihood of confusion under Article 9(2)(b), but that didn't matter much because the Deputy Judge held that there was unfair advantage, so Red Bull succeeded. [read post]
5 Mar 2020, 11:02 am by Peter Groves
I have shown one of the claimant's registered trade marks and one of the defendant's signs, but you can see them all in the judgment if you click on the link, should you feel it necessary.There was not a high enough level of similarity to find a likelihood of confusion under Article 9(2)(b), but that didn't matter much because the Deputy Judge held that there was unfair advantage, so Red Bull succeeded. [read post]
19 Feb 2019, 5:05 am by Nico Cordes
Assuming the appellant succeeded in overcoming this objection, the subject-matter of claim 1 appeared to lack an inventive step.VI. [read post]
20 Feb 2018, 1:13 am by Jani Ihalainen
After discussing the Louboutin shoe sole case some time ago, one envisioned the matter going ahead to the CJEU without a hitch. [read post]
5 Dec 2019, 10:43 am by Rebecca Tushnet
Ease of copying also matters; it’s not always easy to copy a visual appearance. [read post]
12 Jun 2023, 5:01 am by Eugene Volokh
When I didn't congratulate the prevailing lawyers, that was generally because (a) I thought the decision as a whole (and not just the part I wrote about) was split enough to not be a victory, (b) the lawyers' names weren't easily obtainable, (c) there were so many lawyers on the winning side that listing them all would have been a chore, or (d) I forgot. [read post]
3 Aug 2023, 11:05 am by Rebecca Tushnet
RT: not sure that disclaimers ever matter to future rights, but collateral estoppel/B&B is a big deal now, as is the loss of potential defenses after Jack Daniels. [read post]