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1 Jul 2011, 7:16 am by Bill Raftery
Alabama Supreme Court Chief Justice Sue Bell Cobb announced June 29 would resign effective August 1. [read post]
30 Jun 2011, 3:23 am by John L. Welch
TTAB Dismisses "ALPHA KITTY" Section 2(d) Opposition: Opposer Failed to Prove Standing, PrioritySection 2(e)(1) - mere descriptiveness:SOLARWINDOW Merely Descriptive of Solar Energy Devices, Says TTABTest Your TTAB Judge-Ability: Is MOTIONPOWER Merely Descriptive of Electrical Generation? [read post]
29 Jun 2011, 3:01 pm by Oliver G. Randl
Claim 1 according to the eventual single request submitted during the OPs before the OD is not at all identical to the text of the corresponding Claim 15 as granted. [read post]
29 Jun 2011, 8:12 am
The Advocate General advised the ECJ to tell the referring court that "(1) Article 8(2) of Directive 2006/115 ... and of Council Directive 92/100 ... [read post]
28 Jun 2011, 3:25 pm by Venkat
The opinion looks to California Rule 2-100, which provides that: While representing a client, a [lawyer] shall not communicate directly or indirectly about the subject of the representation with a party the [lawyer] knows to be represented by another lawyer . . . unless [the other lawyer first consents]. [read post]
28 Jun 2011, 3:01 pm by Nathalie Martin
The wish list above does not address the issues unique to internet lenders but hopefully future blog will. [read post]
22 Jun 2011, 7:09 am by Joel R. Brandes
"In order to invoke the doctrine of collateral estoppel, (1) the identical issue must have necessarily been decided in the prior [litigation] and be decisive of the present [motion], and (2) the party to be precluded from relitigating the issue must have had a full and fair opportunity to contest the prior determination". [read post]
21 Jun 2011, 1:00 pm by McNabb Associates, P.C.
Purpose The United States is currently a party to over 100 bilateral extradition treaties, including a treaty with the United Kingdom (U.K.). [read post]
20 Jun 2011, 7:01 pm by FDABlog HPM
  Norbrook contended, among other things, that “the 30-month stay is not intended to enable the parties to fully resolve their patent disputes before its expiration and that Bayer should file for preliminary injunctive relief if it wants to prevent the FDA from approving Norbrook’s ANADA,” and that the Federal Circuit’s decision in Eli Lilly “does not apply because Norbrook’s ANADA amendment does not change the method for which it… [read post]
20 Jun 2011, 3:01 pm by Oliver G. Randl
As to novelty, it argued that the term “being obtainable by hexane extraction” was not a restriction on the claimed oil, so that any prior art oil containing more than 35% DHA was novelty-destroying for this claim. [10.2] As regards the main request, the Board rejected the objections under A 123(2) and A 100(b) but held that the subject matter of Claim 1 was not novel. [read post]
19 Jun 2011, 10:13 pm
Cir. 2000)); see also In re Huang, 100 F.3d 135, 140 (Fed. [read post]
19 Jun 2011, 4:33 am by Brian Scott
Rural that Congress does not have the power to re-copyright works that have fallen into the public domain. [read post]
17 Jun 2011, 6:23 am by Lawrence B. Ebert
Cir. 2000)); see also In re Huang, 100 F.3d 135, 140 (Fed. [read post]
16 Jun 2011, 10:14 am by Helen Cho Eckert
Indeed, plaintiffs cited to third party findings (including from the FCC) that the average cable subscriber is forced to pay for 85 channels that he does not watch to obtain the 16 he does, and that defendants' bundling results in a net consumer welfare loss of $100 million. [read post]
15 Jun 2011, 9:44 pm
To present all evidence will cost in excess of $30,000.00 and does not include the 100s if not 1000s of hours spent in preparation for trial. [read post]
14 Jun 2011, 10:26 am by slkimbro
Overall, there is a misplaced double standard for SaaS in this opinion that does not make sense. [read post]