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10 Sep 2010, 8:07 am by Bexis
General Motors Corp., 575 P.2d 1162, 1168-69 (Cal. 1978); see State Dept. of Health Services v. [read post]
4 Jun 2008, 11:28 am
However, the publicity about the lawsuit brought by the American Council of the Blind against the Department of the Treasury relating to currency design, American Council of the Blind v. [read post]
17 May 2016, 8:19 am by Anthony Fairclough
“The essential idea is that the defendant should be liable for torts that may fairly be regarded as risks of his business activities, whether they are committed for the purpose of furthering those activities or not. [read post]
2 Jul 2017, 12:52 am
 (Eli Lilly v Novopharm (2010 FCA 197)This exercise requires:Reviewing the entire specification (claims and entire disclosure)Identifying the promises made in the entire specification Determining whether the patent fulfils those promises by demonstration or sound prediction.This exercise is a question of law viewed through the skilled person at the time of filing (with the assistance of expert evidence) and has been applied in several cases (BMS v Apotex (2005 FC 1348),… [read post]
1 Jul 2017, 9:39 am
 (Eli Lilly v Novopharm (2010 FCA 197)This exercise requires:Reviewing the entire specification (claims and entire disclosure)Identifying the promises made in the entire specification Determining whether the patent fulfils those promises by demonstration or sound prediction.This exercise is a question of law viewed through the skilled person at the time of filing (with the assistance of expert evidence) and has been applied in several cases (BMS v Apotex (2005 FC 1348),… [read post]
11 Mar 2013, 10:20 am
This decision is notable for its application of the Federal Rule of Civil Procedure 8(a) pleading standard, as clarified by the United States Supreme Court in BellAtlantic Corp. v. [read post]