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30 Jun 2011, 9:58 am by WSLL
The pinpoint citation in the P.3d portion will need to have the reporter page number. [read post]
22 May 2021, 2:46 pm
  Guidance has also been provided by the Court of Final Appeal as to how such possible inconsistencies should be approached as a matter of construction. [read post]
4 Apr 2019, 11:15 am
Especially when infringers are facing disproportionate"replacement" costs, “tailored” injunctions should gain in importance, bearing in mind the definition of the protected subject matter, even if injunctions should remain the starting point of patent enforcement. [read post]
2 Mar 2015, 2:24 pm by Marty Lederman
  As the SG puts it (p.24), “[a]n Exchange without credits would be a rump Exchange bearing little resemblance to its state-run counterpart—if it could operate at all. [read post]
4 Dec 2019, 7:41 am by Peter Margulies
§ 18051(e)(1)(B) expressly provides for eligibility of lawfully present noncitizens. [read post]
11 Jun 2012, 10:36 am by Adam Thierer
Generally speaking, Palfrey and Gasser believe increased interoperability — especially among information networks and systems — is a good thing because it “provides consumers greater choice and autonomy” (p. 57), “is generally good for competition and innovation” (p. 90), and “can lead to systemic efficiencies” (p. 129). [read post]
8 Mar 2013, 2:00 pm
With a first plea, the claimant asserted invalidity in light of Articles 52(1)(a) and 8(1)(b) of Council Regulation EC 40/94 (now Articles 53(1)(a) and 8(1)(b) of Council Regulation EC 207/2009 - CTMR), for likelihood of confusion with the earlier national trade mark DANIEL & MAYER MADE IN ITALY, registered by the claimant in Italy in 1981 for goods in Class 25. [read post]
24 Jul 2018, 10:33 am by David Kopel
As a more fundamental matter, too, we cannot agree with the dissent's choice to cast aside Southern cases. [read post]
13 Jun 2016, 5:34 am
” A defendant’s ability to assert this defense in a motion is established by Rule 12(b)(6) of the Federal Rules of Civil Procedure.Getting back to the opinion, the judge began his analysis of the defendants’ Rule 12(b)(6) motion by explaining that in order tosurvive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. [read post]
1 Feb 2013, 12:21 pm by legaleaseckut
Langevin and under six names or names of different presentations [15], were rejected and led to the formation of large bills of costs that have – pretty much – never been recovered by prosecutors and opposing parties. [21] The two statements querulous – limited scope – imposed by judges Babin and Bélanger in 2008 and 2009, were initially dampened the enthusiasm of the applicant to undertake prosecution repeatedly. [read post]
1 Feb 2013, 12:21 pm by legaleaseckut
Langevin and under six names or names of different presentations [15], were rejected and led to the formation of large bills of costs that have – pretty much – never been recovered by prosecutors and opposing parties. [21] The two statements querulous – limited scope – imposed by judges Babin and Bélanger in 2008 and 2009, were initially dampened the enthusiasm of the applicant to undertake prosecution repeatedly. [read post]
25 Jun 2013, 6:02 am by Giles Peaker
Finally there is some cracked block work (of a non-structural type) within the beam and block floor at ground level.Aside from claims against the architecture practice which had signed off certificates of completion, the Claimants relied on a clause in the sale agreement for each flat, which stated that Optima, the developer and freeholder:“shall cause the Premises to be completed in a good and workmanlike manner and with suitable materials pursuant to any Planning Permissions granted in… [read post]