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3 Mar 2014, 2:12 pm
 Moreover, I have a profoundly strong sense that the present case wouldn't get a single vote for en banc review even after it's published.But you don't do something procedurally wrong just because it doesn't matter. [read post]
21 Jul 2023, 10:32 am
What a circuit case decided long ago under a different set of controlling precedents doesn't seem to me to be dispositive, nor of any particularly strong weight.I get that the en banc court can always revisit precedent and change the result. [read post]
31 Jan 2014, 1:52 pm
 Especially when -- as here -- there's at least a pretty strong facial allegation that the defendant is indeed a sleaze who defrauded plaintiff out of her hard-earned money. [read post]
29 Jul 2015, 9:01 pm by Richard Pildes
Remarkably, the Court has only focused on this substantive question at all in one case, Burns v. [read post]
16 Jan 2025, 3:37 pm by Julian Ellis
Applying these factors to Ceramtec’s case: The court found that Ceramtec’s expired patent disclosing the use of chromia in ZTA ceramics provided strong evidence that the pink color was functional, as it resulted from a feature that provided material benefits. [read post]
22 Jul 2011, 8:21 am by Josh Sturtevant
Without putting our undergraduate-level statistics knowledge to the test, we would say that there are some strong feelings about this one, and that maybe the alarmists and crazies weren't so off base after all... [read post]
4 Jun 2021, 2:37 am by Anastasiia Kyrylenko
While the EU is actively exporting its own strong views on geographical indications as a sui generis right, the US favours trade mark-based protection for this category of rights. [read post]
11 Dec 2020, 4:47 pm by Katitza Rodriguez
We also are protected by the longstanding rule in Kyllo v. [read post]