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10 Mar 2017, 9:14 am by Rebecca Tushnet
You can’t do that w/infringement provisions b/c they’re not written at that level of detail, intended to cover all the industries that might be covered by patent and ©. [read post]
24 Feb 2017, 12:04 pm by Rebecca Tushnet
  The most striking example of apparently mistaken incontestability comes from B&B v. [read post]
11 Feb 2017, 9:03 am by Rebecca Tushnet
AP: Citing Nat’l Tel. v. [read post]
11 Feb 2017, 7:09 am by Rebecca Tushnet
  Technically about different subject matter requirement but important b/c Rich equates configuration with 3-D design and then says the water is ok. [read post]
3 Feb 2017, 4:06 pm by DaveKelly
A government-issued photo identification and proof of social security number, such as a social security card or W-2; 5. [read post]
3 Feb 2017, 4:06 pm by DaveKelly
A government-issued photo identification and proof of social security number, such as a social security card or W-2; 5. [read post]
2 Feb 2017, 3:57 am by Roel van Woudenberg
The Memorandum provides concrete examples a), b) and c) showing how priority has to be assessed. [read post]
19 Jan 2017, 8:08 am by Rebecca Tushnet
College football teams changed names b/c they found it untenable. [read post]
9 Jan 2017, 7:54 am by Rebecca Tushnet
Relatedly: The applicant’s viewpoint about the term or the targeted group matters not at all. [read post]
28 Nov 2016, 6:27 am
`Dismissal under Federal Rules of Civil Procedure 12(b)(6) is appropriate when a defendant raises a statutory bar,’ such as lack of timeliness, `as an affirmative defense and it is clear from the face of the complaint, and matters of which the court may take judicial notice, that the plaintiff's claims are barred as a matter of law. [read post]
14 Nov 2016, 6:51 am by Rebecca Tushnet
  Project engages w/2 debates: relationship b/t registration and use, b/c this problem is most acute when the registration’s scope doesn’t come close to the actual scope. [read post]
14 Nov 2016, 6:16 am by Rebecca Tushnet
  Seventh Circuit rejected that reasoning: intangible files are immaterial b/c consumers never interact w/them. [read post]
9 Sep 2016, 11:33 am by Rebecca Tushnet
  Merges & Nelson on patent scope, Burk & Lemley on policy levers—if you read these side by side, you see M&N say patents are unsuited to software b/c corporate capital isn’t involved and it’s individual; B&L 20 years later say that patents are perfectly suited—b/c institutions have changed, everything else has changed in terms of economic analysis, policy analysis. [read post]