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25 Feb 2021, 5:32 am by Frantzeska Papadopoulou
Concerning the notion of abuse, the Court repeated its two-pronged concept of abuse from FRAND-Einwand (cf. here). [read post]
1 Apr 2024, 12:16 am by Marcel Pemsel
The procedural law is in principle the current law (cf. [read post]
18 Apr 2013, 5:01 pm by oliver randl
Swiss-type claims are a dying species, but from time to time we still have decisions dealing with them.Claim 1 of the main request before the Board read (in English translation):Use of an active substance in the form of microcrystals or microgranules comprising a coating that masks their taste and a mixture of excipients, wherein the mixture of excipients comprises one or more disintegrating agents and one or more swelling agents or soluble agents, for the manufacture of a rapidly disintegratable… [read post]
3 Apr 2017, 2:22 pm by Lawrence B. Ebert
Ryan, 960 F.2d 543, 546 (5thCir. 1992) (identifying need for further inquiry and remanding);cf. [read post]
14 Nov 2013, 9:00 am
Keeping the Wolf from the Door here Wolf Hall here Big Bad Wolf here, cf a happier world for wolves, here [read post]
26 Oct 2019, 12:56 am
This is because once a court assumes cross-border jurisdiction, the SEP-holder with likely be barred from bringing infringement suits elsewhere [cf. [read post]
24 Jan 2022, 4:33 pm by Lawrence B. Ebert
Cir. 1998) (interpreting L.E.A. as providing justifications that would allow, but not necessarily require, an appellate court's consideration of an argument not presented to the trial court); cf. 19 Moore et al., § 205.05, at 205-58 ("A circuit court will disregard the rule [of waiver] in compelling circumstances, such as . . . a serious issue of public policy, a change in the law, or for error that works manifest injustice. [read post]
26 May 2015, 2:00 pm
Where the criminal charge is predicated on the theory that a parent has engaged in excessive corporal punishment 1, courts have sustained convictions where the child has Page 4 suffered physical injury (see People v Nelson, 2 Misc 3d 133[A] [App Term 1st Dept 2004] ["evidence that defendant repeatedly struck his 13-year-old daughter with a belt, causing injuries, supported the conclusion that defendant knowingly engaged in conduct that was likely to be injurious to his daughter"]; see… [read post]
28 Dec 2013, 6:21 am by Rebecca Tushnet
Instead, Roberts created a celebrity identity (implicitly: one of his own, as opposed to an Elvis impersonator; cf. the discussion of Andy Warhol’s fame as making his portraits transformative in Comedy III). [read post]
27 Mar 2023, 10:33 am by Rebecca Tushnet
”["that’s just, like, your opinion, man" from The Big Lebowski]Of possible interest: Cf. to Daubert’s statement: “Scientific conclusions are subject to perpetual revision. [read post]
15 Jul 2024, 12:43 am by Eleonora Rosati
MPLC [C-723/22]The first referral (case C-723/22, commented by The IPKat here) was made by the Higher Regional Court of Munich (OLG Munich) in the proceedings between Citadines Betriebs GmbH (Citadines), the operator of a hotel, and MPLC Deutschland GmbH (MPLC), an independent collecting society.The proceedings concern an alleged infringement by Citadines of the exclusive right of communication to the public that MPLC holds over an episode of a television series broadcast on a public television… [read post]