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21 Apr 2012, 9:01 am by Zachary Spilman
The appellant’s argument is that an explicit dual-use instruction was required in this case, because it serves two vital purposes with respect to the evidence of consent: “(1) it may establish an affirmative defense; or (2) it may cast reasonable doubt upon the Government’s case. [read post]
22 Jun 2023, 2:49 am by Henry P Yang
The Judge decided to adopt the same approach as in Unwired Planet v Huawei [2017] EWHC 711 (Pat) and in the US judgment TCL v Ericsson (C.D. [read post]
5 Mar 2020, 6:40 am
Intent not to resume use may be inferred from circumstances,” and that “[n]onuse for 3 consecutive years shall be prima facie evidence of abandonment. [read post]
26 Feb 2014, 11:00 am by Orin Kerr
Other cases may present more difficult questions. [read post]