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23 Apr 2019, 9:12 am by Will Baude
We rely on technical domesticating doctrines, themselves rooted in preexisting law, to blunt the practical force of novel originalist arguments. [read post]
23 Apr 2019, 6:45 am by Jason Rantanen
  And let’s hope that if Congress does go there, that Congress is careful not to thereby permit aesthetic creativity to provide the “practical application” that thereby authorizes the grant of a utility patent as novel and nonobvious subject matter (whenever the aesthetic contribution to the claimed invention functionally interacts with the substrate that forms the remainder of the “claim as a whole,” so that the printed matter doctrine… [read post]
22 Apr 2019, 4:53 pm by CFM Admin
. **** SEC Matters SEC Publishes Examination Priorities for 2019. [read post]
21 Apr 2019, 8:17 pm by Omar Ha-Redeye
However, in my view, that is a political matter and the failure to take such steps cannot be the foundation for a finding that the aboriginal population is underrepresented on this panel. [read post]
20 Apr 2019, 4:16 am by SHG
But then she finally gets to the crux of the matter. [read post]
19 Apr 2019, 6:38 pm by Lawrence B. Ebert
§ 42.301(b), which requiresthe Board to consider the following on a case-by-case basisin determining whether a patent is for a technological invention: “whether the claimed subject matter as a wholerecites a technological feature that is novel and unobviousover the prior art” and whether it “solves a technical problem using a technical solution. [read post]
18 Apr 2019, 4:40 am by Scott R. Anderson
  But asserting that such restrictions “would” necessarily interfere with the president’s constitutional authority, no matter the circumstances, implies a more aggressive potential argument—namely, that such actions are inherently within the president’s exclusive constitutional authority, and thus not subject to any statutory restrictions Congress might seek to impose. [read post]
17 Apr 2019, 9:28 pm by Jim Lindgren
As is not uncommon for former top officials, [Barr] had weighed in on important policy matters from time to time over the years. [read post]
17 Apr 2019, 9:41 am by Michael Madison
The strategy invests in broadening and strengthening the “horizontal” part of the professional’s T-shape, or novel and diverse identities and competencies. [read post]
17 Apr 2019, 7:28 am by Jessica Kroeze
The publication of priority application EP 1 834 951 A (D1) was among the documents cited during opposition proceedings.The opposition division came to inter alia the following conclusions on the then pending main request:- The claimed subject-matter partially enjoyed the priority date of 10 March 2006 from D1.- D1 was thus not a conflicting application and could not be used against the novelty of the claimed subject-matter.- The claimed subject-matter was novel… [read post]
17 Apr 2019, 6:56 am by Rory Little
Although determining the states’ majority view might appear to be a simple matter of arithmetic, Quarles and the government present complex and competing views. [read post]
17 Apr 2019, 6:09 am by MBettman
Giant Eagle’s Argument The Eighth District incorrectly created entirely novel tort duties by requiring Giant Eagle to (1) warn Kurka about the dangers of operating the motorized cart, (2) train Kurka how to operate the motorized cart, and (3) interrogate Kurka about her competency to operate the motorized cart. [read post]
17 Apr 2019, 6:01 am by James Yang
  The statutory requirements are 35 USC 101: Patent Eligible Subject Matter Under U.S. patent laws, the invention must be a type that is eligible for patent protection. [read post]
Whilst this case was limited to the issue of jurisdiction, Lord Briggs made a number of interesting comments on the substantive issue of parent company liability which will be before the court for determination when this matter eventually goes to trial. [read post]
15 Apr 2019, 11:44 pm
Purple colour options not a series of marks, as Court of Appeal sinks Cadbury’s novel chocolate argumentCadbury v The Comptroller General v Nestlé [2018] EWCA Civ 2715 (December 2018)Mentioned briefly back in Volume I, the Court of Appeal has now brought an end to Cadbury’s hopes of keeping its UK registration for its colour purple going.In 2013, Cadbury’s registration for Pantone 2685C “applied to the whole visible surface, or being the predominant colour… [read post]
15 Apr 2019, 12:45 pm by Fornaro Law
  And when I did see something novel, I knew how to find the answer to the issue as my network had grown and my resources and ability to analyze issues quickly led me to the answer. [read post]
14 Apr 2019, 8:50 am by Kevin LaCroix
  Background The underlying claim in this matter involved a faulty underground fuel storage tank. [read post]
10 Apr 2019, 9:11 am by Eric Goldman
This doesn’t matter if it’s done pre- or post-upload—whenever they make choices, they need to accept responsibility for infringing content. [read post]
9 Apr 2019, 10:59 am by Michael Risch
Trick and Treat - Visual Novel, 164,544 users, released Dec. 13, 2016, free to play (visual novel), developer: 3 visual novels3. [read post]