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30 Oct 2014, 9:29 am
Patent Protection Not Required Nor Deserved Patents are only supposed to be granted on what is novel and nonobvious. [read post]
29 Oct 2014, 11:15 am
State courts aren’t strictly bound by federal appellate decisions even on matters of federal law; but they are especially not bound by them on matters of state law, since state law is what state courts (albeit state appellate courts) say it is, and federal courts app [read post]
24 Oct 2014, 7:55 am
Years after the excessive fee claims began being filed and years after Tibble was tried, that once novel theory of liability is provoking the system to look anew at a fundamental element of ERISA, its statutory provision governing statute of limitations for breach of fiduciary duty claims. [read post]
23 Oct 2014, 11:52 am
The practical result of such immunity would be that, should anyone in Louisiana sue for injuries caused by the unknown risks of an “investigational” drug, the manufacturer would stand alone in the cross-hairs, without even the right to join the physician that made the prescribing decision, no matter how negligent that decision might have been. [read post]
22 Oct 2014, 5:41 am
This post examines a recent opinion the Court of Appeals of Georgia issued in a civil case: Boston v. [read post]
21 Oct 2014, 9:03 am
However, as a general matter, those tests are performed after the invention and application is already on file. [read post]
21 Oct 2014, 6:55 am
But, as the Petri matter illustrates, members should take special care when they assist companies in which they happen to own stock. [read post]
17 Oct 2014, 11:38 am
Not whatever the game is where the number of dots on a tile matters, which we understand exists from witnessing it in screen classics like “Boyz n the Hood. [read post]
15 Oct 2014, 10:04 pm
Because the defense attorney for Austin “Jack” DeCoster has raised a “novel constitutional issue that appears to be a matter of first impression,” assistant U.S. [read post]
15 Oct 2014, 4:39 pm
One of the nightmare scenarios posited by Foer is that Amazon might push prices so low that it will end up “deflating Salman Rushdie and Jennifer Egan novels to the price of a Diet Coke. [read post]
15 Oct 2014, 10:30 am
Then it becomes, Breyer concluded, a matter of law. [read post]
14 Oct 2014, 12:04 pm
While this holding isn’t novel, it’s worrisome in that it further closes the gap between claims simply using functional language and “means-plus-function” claims. [read post]
13 Oct 2014, 10:11 am
In 2011, the SEC initiated a ‘whistleblower’ program that is designed to reward novel information that leads to enforcement actions that surpass $1,000,000 in penalties. [read post]
13 Oct 2014, 4:27 am
Notably, the Supreme Court has defined exigency strictly, as the unavailability of the regular civilian courts, and not as a matter of perceived comparative advantage or convenience.Quirin did not address commission jurisdiction over so-called non-international war crimes, such as conspiracy and material support for terrorism, which Congress made offenses triable by military commission in 2006. [read post]
13 Oct 2014, 3:27 am
The panel will discuss the extent to which family ownership affects disputes in LLCs and other unincorporated entities; whether family businesses are distinctive in ways that are legally relevant; and whether, as a practical matter, the statutory differences between LLCs, corporations, and other forms of business association matter. [read post]
12 Oct 2014, 1:00 pm
Restis’ and the United States as to whether the government’s assertion of the privilege in these circumstances is a novel one. [read post]
12 Oct 2014, 12:38 pm
Because the EEOC did not adhere to those procedures when it failed to conciliate, it was not authorized to file suit against CVS, and CVS was entitled to judgment as a matter of law. [read post]
11 Oct 2014, 4:12 am
The tech may be fun, cool and novel, but it isn’t foolproof. [read post]
10 Oct 2014, 9:35 am
I find the dissent’s general position — and that in the cases that the dissent cites — generally more persuasive: When someone walks into a bank and asks the bank to give him money to which he obviously has no claim of right, it seems to me clear that he is trying to threaten people with physical force, and not just panhandling or threatening something non-physical. [read post]
10 Oct 2014, 7:54 am
It is about shifting the cost away from Alameda County to drug manufacturers, no matter where they can be found. [read post]
