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16 Jun 2010, 8:46 am by Dave
How can you reach the "substantial" threshold on a gateway (b) defence/counterclaim when you haven't had sight of the claimant's papers which may (or may not) enable your gateway (b) defence/counterclaim to be made out? [read post]
21 Feb 2017, 6:33 am by Rebecca Tushnet
  Indeed, §113(b), by making clear that the owner of the copyright in technical drawings can’t prevent making the articles, “recognizes that such derivative use may otherwise be protected by the copyright laws. [read post]
13 Aug 2020, 7:53 am by Rebecca Tushnet
” Strength:  the court bungles conceptual strength (conflating suggestive and descriptive), but it doesn’t matter because (a) there’s not much evidence of marketplace strength and (b) it doesn’t matter anyway because this is a labeling case [the court doesn’t say (b) outright but it’s true]. [read post]
1 Jul 2019, 11:44 pm by Roel van Woudenberg
The patent, granted in 2011, had been opposed on the grounds of Article 100(c), 100(b) and 100(a) EPC for lack of novelty and inventive step.In the appealed decision, the opposition division had held that the process claimed in auxiliary request 10 did not add subject-matter and that it was novel. [read post]
11 Jan 2010, 8:10 pm by Karen G. Hazzah
For what it's worth, it's rare that I see this final-on-first-OA-after-RCE situation. [read post]
10 Jan 2012, 9:00 pm
The situation didn't look much better for the GOP in the New Hampshire primary. [read post]
2 Dec 2013, 8:52 am by Daniel Richardson
       B saw C a couple times later in the day; at one point B told C he shouldn’t be driving and to return the car to A immediately. [read post]
30 Jan 2011, 3:01 pm by Oliver G. Randl
Obviously, this depends on the breadth of the claimed subject-matter and on the relevant skilled person. [read post]
10 Feb 2010, 3:40 am
[and t]he merits of such defense shall be considered and determined as part of the arbitration award" (Civil Service Law §75-b [3] [a]). [read post]
7 Apr 2009, 4:57 am
[and t]he merits of such defense shall be considered and determined as part of the arbitration award" (Civil Service Law §75-b [3] [a]). [read post]
2 Oct 2009, 12:01 pm
District Court for the Southern District of New York made an interesting statement by granting a stay in furtherance of NAD's jurisdiction in the case of Cellco Partnership (d/b/a Verizon Wireless) v. [read post]
19 Feb 2022, 3:07 pm by Rebecca Tushnet
C’s first subject matter—maps, charts, and books—may help us think about what facts are (as distinguished from works?). [read post]
12 Jan 2018, 3:51 am by David
The holding is pretty simple:  an inventor who signs an employment agreement that provides (a) she “will assign” rights to inventions doesn’t then assign them; (b) that she “holds in trust” those rights doesn’t mean she assigns them; and (c) that she “quit claims” those rights doesn’t mean she assigns them. [read post]
13 Oct 2023, 9:35 am by John-Paul Boyd KC
(Tip #1: Don’t waste your time getting into the opposing party’s infidelities and your client’s reaction to those infidelities. [read post]