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8 Sep 2016, 9:13 am by Lawrence B. Ebert
Yeda, Judge Newman authored a precedential opinion related topatentability of antibody claims.In this declaratory judgment action, UCB, Inc. suedYeda Research and Development Co. in the United StatesDistrict Court for the Eastern District of Virginia, requestinga declaration that UCB’s Cimzia® brand antibodydoes not infringe Yeda’s U.S. [read post]
28 Jul 2020, 2:15 pm by Lawrence B. Ebert
Judge Newman disagreed, in part:The panel majority holds that the Board of Regents ofthe University of Texas System (“the University” or “UT”)has Eleventh Amendment immunity that shields it frominvoluntary joinder in this infringement suit against Baylor College of Medicine and others. [read post]
16 May 2013, 6:47 am by Second Circuit Civil Rights Blog
As the Second Circuit (Newman, Pooler and Winter) points out, for a city with a high percentage of black and Hispanic residents, very few racial minorities have traditionally served as firefighters. [read post]
19 Aug 2016, 4:00 am by The Public Employment Law Press
” Rather, the court, citing Matter of Village of Fairport v Newman, 90 AD2d 293, leave to appeal denied 58 NY2d 1112, said "[t]he purpose of the constitutional provision is 'to insure that pension and retirement benefits [are not] subject to the whim of the Legislature or the caprice of the employer. [read post]
29 Oct 2014, 9:36 pm
    Legal Reasoning (Prost, Newman, HUGHES)Background'506 PatentThe ’506 patent discloses methods for making a secure identification document containing an embedded computer chip that stores biographical or biometric data. [read post]
16 Jun 2015, 1:02 pm by Lawrence B. Ebert
SeeOrder in this case issued this date.Judge Newman's dissent beginsI respectfully dissent from the en banc ruling that isinserted into this panel opinion at Section II.C.1. [read post]
18 Nov 2014, 9:44 pm by Lawrence B. Ebert
As Judge Newman observed: "Precedent is clear that the information and comparative data presented as evidence of nonobviousness need not have existed before the patent application was filed," noting the secondary consideration of commercial success, and citing several instances where evidence of unexpected results found later were considered relevant to obviousness. [read post]
21 Oct 2013, 1:43 pm
– 11:45 P.M.SESSION IINYS CLE Credit: 1.5, Areas of Professional PracticeSecondary Liability for Trademark Infringement On the Internet in the US, the EU, and the Far EastRochelle Dreyfuss, ModeratorPauline Newman Professor of Law and Co-director, Engelberg Center on Innovation Law and Policy, New York University School of LawUS: Stacey DoganLaw Alumni Scholar, Professor of Law, Boston University School of LawEU: Annette KurSenior Research Fellow, Max Planck Institute for Intellectual… [read post]
20 May 2014, 7:10 am
But the judge's words are very telling and actually should serve as a warning to consumers: “LegalZoom’s software acts at the specific instruction of the customer and records the customer’s original information verbatim, exactly as it is provided by the customer,” Newman wrote in the report, adding that its “does not exercise any judgment or discretion, but operates automatically in the same fashion as a ‘mail merge’ program. [read post]
12 Apr 2014, 6:39 am by Lawrence B. Ebert
The evidence of superiorefficacy does nothing to undercut the showing that therewas a reasonable expectation of success with the 150 mgmonthly dose, even if the level of success may have turnedout to be somewhat greater than would have been expected.Judge Newman dissented.As to evidenceThe trier of fact is “require[ed to] consider all evidencerelating to obviousness before finding a patent invalid onthose grounds. [read post]
7 Dec 2015, 11:23 am by Lawrence B. Ebert
Moreover, it is not unreasonableto require the patentee to meet this burdenJudge Newman, in dissent,That statutory prescription applies whether the “propositionof unpatentability” is for amended or unamendedclaims. [read post]
2 Apr 2014, 5:04 am
Then you can carry your gun, even when you report to your PO:David Ovalle ‏@DavidOvalle305  21hJudge Ed Newman today allowed MDPD Ofc, Larry Laverde, on probation for reckless driving & leaving accident scene, to carry firearm for workThe herald article is here. [read post]
8 Oct 2012, 9:53 am by Steve Statsinger
August 27, 2012) (Newman, Straub, Lynch, CJJ)For purposes of recidivism enhancements, the statutes underlying prior convictions can be categorized into two distinct groups. [read post]
16 Dec 2019, 6:01 am by Second Circuit Civil Rights Blog
Judge Newman agrees with Judge Pooler's analysis.In dissent, Judge Jacobs, a longtime proponent of qualified immunity, objects that the majority is asking too much of police officers to keep track of both federal and state court rulings to avoid liability in federal court. [read post]
18 Jan 2015, 2:46 pm
 On the patent thought-leadership law side, this Kat feels that women have always been under-represented -- though two notable exceptions in his eyes are a heroine, Federal Circuit judge Pauline Newman and a villain in the scourge of the European pharma patent industry, Neelie Kroes.Nicola the KatonomistReturning to the MIP conference, this Kat very much hopes that it will do well for several reasons. [read post]
11 Sep 2018, 9:49 pm by Florian Mueller
According to Matthew Newman, one of the best-connected EU reporters (among other things, he was spokesman for a commissioner), the complaint relates to Qualcomm's patent enforcement against Apple in Germany (trials will take place in Mannheim and Munich over the next few months, with one in each city scheduled for next week) targeting iPhones that incorporate Intel baseband chips.In January, the EU's competition authority slammed Qualcomm with a $1.2 billion fine for its… [read post]