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31 Jan 2014, 8:58 pm by Lawrence B. Ebert
Indeed, the record indicates that the term “receiver” conveys structure to one of skill in the art—the Board itself made a factual finding that that the “skilled worker would have been familiar with the design and principles of the types of components utilized in the claimed invention, includ- ing . . . receivers. [read post]
22 Oct 2019, 8:38 am by Unknown
In making her determination, Judge Krieger noted that the policy provided coverage for injuries resulting from an “occurrence,” which the policy defined as “an accident. . . result[ing] in bodily injury or property damage during the policy period. [read post]
18 Mar 2013, 11:28 am by Lawrence B. Ebert
Cir. 2003) (quot- ing Cybor Corp. v. [read post]
11 Aug 2017, 11:54 am by lcampbell@lawbc.com
  The letter states that it should include a “limited number of improvements” before being approved by the full Senate, including “adequately reflect[ing] important worker safety priorities” via “ensuring that the worker protection rules are implemented in a timely manner” and “finalizing the EPA staff recommended ban on chlorpyrifos. [read post]
29 Aug 2019, 2:21 am
The Board affirmed a refusal to register the design mark shown below, finding that the design is a graphic tool used by DJs to discern harmonic compatability, and does not function as a trademark for "Computer software for music analysis and processing; computer software for manipulating, mixing, and performing music and sounds" and for "Providing advice and information in the field of DJ'ing methodology and the analysis, selection and arrangement of music and sound… [read post]
26 Sep 2021, 12:48 pm by Rebecca Tushnet
Even if Garden’s falsehoods interfered with “educat[ing] customers with regard to food labeling truth and transparency,” there was no evidence of any concrete harm that accrued to CLP as a result. [read post]
29 Oct 2015, 3:17 am
Applicant's evidence established that other entities use "Marathon Monday" to refer to other marathons, including the ING New York City Marathon, or to refer to the Monday after a marathon. [read post]
14 Jan 2013, 4:39 am by Rebecca Tushnet
  Sweet Street alleged that its expertise was important in “amplify[ing]” the quality, appeal, and distinctiveness of the product. [read post]
20 May 2014, 7:54 am by Peter Steinmeyer
Accordingly, while “recogniz[ing] that some of the alleged activity occurred in California and Hawaii, including the location where Thorsell primarily used his laptop,” Judge Kocoras nevertheless held that “Brunswick has satisfied its burden of demonstrating that venue is proper by setting forth facts which demonstrate a substantial connection to this district. [read post]
9 Dec 2014, 12:28 pm by Nadia Kayyali
The Secure Data Act starts to address the problem of backdoors by prohibiting any agency from “mandate[ing] that a manufacturer, developer, or seller of covered products design or alter the security functions in its product or service to allow the surveillance of any user of such product or service, or to allow the physical search of such product, by any agency. [read post]
9 Apr 2013, 7:46 pm by A. Brian Albritton
In Medquest, the relator and later the Government alleged that Medquest, a diagnostic testing company that operated testing facilities, violated the False Claims Act ("FCA") by (1) "using supervising physicians who had not been approved by the Medicare program and the local Medicare carrier to supervise the range of tests offered" at testing sites; and (2) after acquiring a physician's practice in Charlotte, "fail[ing] to properly re-register the facility to reflect the change [in… [read post]
18 Apr 2018, 11:22 am by Lawrence B. Ebert
While the requirement of corroboration exists toprevent an inventor from “describ[ing] his actions in anunjustifiably self-serving manner,” Chen v. [read post]
30 Mar 2023, 6:00 am by Public Employment Law Press
" In ruling against the County, the arbitrator found that the County's discretion was "not unlimited and must be exercised in a reasonable fashion" and concluded that §5.08 should be interpreted as "presum[ing] that a timely request for a personal leave day will be granted absent a showing that pressing and current [d]epartment needs exist that may take precedence over any such leave request" (emphasis in the decision). [read post]
10 Jan 2012, 8:29 am
(a) Section 2 of the FAA establishes “a liberal federal policy favor- ing arbitration. [read post]
17 May 2022, 3:57 pm by Karen Gullo
Texas HB 20 prohibits Twitter, Facebook, and other big social media platforms from “censor[ing] a user, a users’ expression or a users’ ability to receive the expression of another person” based on the speaker’s viewpoint, whether expressed on or off the site, which covers nearly all common content moderation practices. [read post]
26 Jul 2024, 3:19 pm
"Anyway, who do you think had the better answer to the relative that didn't want to go along with they/them-ing where there was no bona fide nonbinariness? [read post]
12 Jun 2014, 9:25 am
Newly published:The Ashgate Handbook of Legal Translation (Le Cheng, Ing Kui Sin, Anne Wagner, eds.; Ashgate, 2014) (Law, Language, and Communication). [read post]
27 Jun 2014, 7:26 am by Second Circuit Civil Rights Blog
These mental disabilities allegedly contribute to Heckman’s “lack of fine motor skills” and an aversion to “part[ing] with certain objects. [read post]