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8 Aug 2014, 6:11 am by Eric Penzer
Of course, courts should resist the “temptation to overlook or ignore fixed legal principles when they are opposed to persuasive equities” because, as the ancient legal proverb teaches, “hard cases make bad law” (Dodd v Anderson, 197 NY 466, 469 [1910]). [read post]
6 Nov 2015, 9:33 pm by Lyle Denniston
On the evidentiary dispute, concerning the use of statistical evidence, the government — like Tyson — relied upon the Court’s 1946 ruling in Anderson v. [read post]
9 Oct 2018, 5:00 am by Hilary Hurd
The 2014 terrorist attack at the Kunming railway station did not amount to hostilities that might arguably trigger international humanitarian law rather than IHRL, as the attacks were not characterized by sufficient “intensity and organization” under Prosecutor v. [read post]
16 Aug 2008, 2:43 am
– discussion of Washington Post article on Ismed’s efforts to promote follow-on biologics approval pathway: (Patent Baristas), (Patent Docs), US: Congressional fact-finding on follow-on biologics: (Patent Docs), US: David v Monsanto: Biotechnology patent ‘exhaustion’ after Quanta, Supreme Court petition: (Hal Wegner), US: Ulysses Pharmaceuticals announces issuance of patent for novel class of ant [read post]
20 Dec 2007, 7:47 am
Title V/CSHCN has supported care notebooks for families and hired parent advocates around the state. [read post]
27 Jun 2019, 3:53 pm by Mark Walsh
He cites “a justice who served as an Arizona state legislator” and quotes from Sandra Day O’Connor’s opinion in Davis v. [read post]
17 Sep 2015, 6:01 am by Administrator
Each Thursday we present a significant excerpt, usually from a recently published book or journal article. [read post]
29 Dec 2017, 7:34 am by Ben
In the UK in FAPL v BT [2017] Mr Justice Arnold concluded that the High Court has the jurisdiction to make an order against an access provider that would require the ISP to block access not to a website but rather streaming servers giving unauthorised access to copyright content - 'live' blocking. [read post]
7 Mar 2017, 7:57 am by Jamie Baker
Straut, Due Process Disestablishment: Why Lawrence v. [read post]
2 May 2008, 7:00 am
Landmark IP implications for universities: University of Western Australia v Gray: (IPRoo), (Managing Intellectual Property), (The Age), The latest edition of US Trade Representative’s ‘Special 301 Report’: (Ars Technica), (Ars Technica), (IAM), (Intellectual Property Watch), (Patry Copyright Blog), (Managing Intellectual Property), (Patent Docs), (IP Law360), Court rejects RIAA ‘making available’ theory: Atlantic v Howell:… [read post]
21 Nov 2008, 1:36 pm
(IPKat) EU favours disclosure of computer patents before standards are set (Intellectual Property Watch) Trade Marks Court of First Instance finds RAUTARUUKKI fails to satisfy acquired distinctiveness criterion: Rautaruukki Oyj v OHIM (Class 46) Court of First Instance finds original signature of famous Italian lutist Antonio Stradivari, in arte Stradivarius, of the 17th century, cannot be read by relevant consumers: T‑340/06 (Catch Us If You Can!!!) [read post]
17 Mar 2022, 6:57 am by Leland Garvin
This goes all the way back to 1920 and the Florida Supreme Court decision in Anderson v. [read post]