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12 Jul 2007, 10:39 am
Some time ago we posted critically about an ALI Restatement proposal (since tentatively adopted over our, or at least, Bexis,' vocal objections) that would abolish the requirement that expert witnesses hold their opinions to a reasonable degree of professional certainty. [read post]
4 Jul 2007, 1:57 am
The final sentence of 35 USC 103(a), entirely unaffected by KSR v. [read post]
26 Jun 2007, 3:21 am
California State Council of Carpenters, the Supreme Court held that Congress did not abrogate prudential standing principles when it enacted the Clayton Act, despite statutory language allowing "[a]ny person who shall be injured in his business or property" to bring suit under that act. 459 U.S. 519, 535 & n. 31, 103 S.Ct. 897, 907 & n. 31, 74 L.Ed.2d 723 (1983). [read post]
26 Jun 2007, 3:21 am
California State Council of Carpenters, the Supreme Court held that Congress did not abrogate prudential standing principles when it enacted the Clayton Act, despite statutory language allowing "[a]ny person who shall be injured in his business or property" to bring suit under that act. 459 U.S. 519, 535 & n. 31, 103 S.Ct. 897, 907 & n. 31, 74 L.Ed.2d 723 (1983). [read post]
25 Jun 2007, 2:24 am
" Id. at 103....At argument the plaintiffs' counsel was unable to identify the appropriations that fund the conferences. [read post]
23 Jun 2007, 11:46 pm
Nor does §103(c) eliminate what should have been an alternative rejection for double patenting. [read post]
21 Jun 2007, 1:14 am
Second,  RICO does not concern businesses that commit bad acts against you, it concerns legitimate businesses infiltrated and controlled by criminal organizations that commit bad acts against you. [read post]
20 Jun 2007, 12:00 pm
How does telling a victim how much a botched procedure is worth somehow improve the number of doctors in our profession or the quality of health care. [read post]
19 Jun 2007, 12:08 pm
§ 103, the subject matter claimed in the ‘265 patent would have been obvious to a person of ordinary skill in the art at the time the invention was made. [read post]
18 Jun 2007, 11:54 pm
Nor does the fact that the Plaintiffs here are on parole, supervised release, or probation, whereas the offenders in our prior cases were prisoners. [read post]
13 Jun 2007, 7:44 am
Cir. 2003) ("Under § 103, . . . a reference need not be enabled; it qualifies as a prior art, regardless, for whatever is disclosed therein. [read post]
5 Jun 2007, 12:08 pm
Paris is a celebrity, regardless of what she does. [read post]
4 Jun 2007, 8:16 pm
  In a 2002 decision that was later affirmed by the Federal Circuit, Judge Jones found that Andrx, Cheminor and Genpharm infringe the same two patents and that Schwarz Pharma does not. [read post]