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Bowman v Monsanto: the US Supreme Court rules on patent exhaustion and replication of patented seeds
14 May 2013, 2:09 pm
It recognised that reproducing an article implies using it, but highlighted that reproduction falls, as held in previous case law (Cotton-Tie Co. v Simmons), beyond the boundaries of the exhaustion doctrine: That is because, once again, if simple copying were a protected use, a patent would plummet in value after the first sale of the first item containing the invention. [read post]
13 May 2013, 7:30 am
Co. v. [read post]
29 Mar 2013, 8:51 am
“There is no doubt that the appellant’s decision whether to testify in his own defence was his alone to make,” said Justice Janet Simmons, writing for a panel including justices Eleanore Cronk and Eileen Gillese. [read post]
26 Mar 2013, 2:09 pm
See Simmons v. [read post]
15 Mar 2013, 9:49 am
A different sort of congratulations goes to the design enthusiasts at Simmons & Simmons who not only managed to get the INTA Roundtable on the Protection of Product Shapes up and running, against all the odds (click here for explanation) but even managed to write up a brief report for the edification of Class 99 blog readers, thanks to Will Cobbett, here [and many thanks, once again, to IPKat weblog readers who helped ...]. [read post]
27 Feb 2013, 11:07 am
Simmons). [read post]
19 Feb 2013, 2:00 pm
Simmons, 560 F.3d 98, 108 (2d Cir. 2009) (refusal to remove hands from pocket); United States v. [read post]
18 Feb 2013, 5:00 am
Bowman v. [read post]
11 Jan 2013, 7:41 pm
In a federal case I testified in recently (US v Simmons), the defendant's compliance with the Oregon Medical Marijuana Act was material in the case because in the application for search warrant, the DEA agent referenced the Ogden & Cole memos (which describe the U.S. [read post]
28 Dec 2012, 11:44 am
Simmons, 649 F.3d 237 (4th Cir. 2011). [read post]
28 Nov 2012, 2:06 am
In Christopher Simmons v Derek Castle [2012] EWCA Civ 1288, the Court of Appeal amended the guidance given in the earlier judgment of Simmons v Castle [2012] EWCA Civ 1039 by stating that, with effect from 1 April 2013, the proper level of general damages in all civil claims for six specified heads of loss will be 10% higher than previously, unless the claimant falls within section 44(6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the… [read post]
22 Nov 2012, 10:24 am
At the IPKat's annual Intellectual Property Publishers and Editors lunch at Simmons & Simmons yesterday, this Kat heard an interesting statement from host and fellow Antipodean David Stone: ‘in Australia buffet lunches are like a competitive sport’. [read post]
19 Nov 2012, 7:08 pm
They pointed out that this was dealt with in the recent case of R. v. [read post]
19 Nov 2012, 7:08 pm
They pointed out that this was dealt with in the recent case of R. v. [read post]
31 Oct 2012, 7:16 am
Plumer instead voted for his friend, Secretary of State John Quincy Adams for President and United States Ambassador to Britain, William Rush as Vice-President, even though neither Adams nor Rush were candidates for those offices. [read post]
31 Oct 2012, 5:05 am
CAR and Ball v. [read post]
17 Oct 2012, 11:47 pm
In Pate Estate v. [read post]
2 Oct 2012, 2:35 am
Simmons (1965) 379 U.S. 497[4] and Veix v. [read post]
26 Sep 2012, 2:59 am
The case was Nixon v. [read post]
14 Sep 2012, 8:34 am
Simmons, 728 P.2d 1137, 1141 (Wyo. 1986).DiscussionPertinent provisions of the Recreation Safety Act, Wyo. [read post]
