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26 Nov 2012, 4:00 am by Martin Kratz
The Supreme Court reiterated that proper disclosure is at the heart of the patent bargain; it is what the public receives in exchange for suffering a monopoly. [read post]
25 Nov 2012, 1:00 pm
The notice requirement, itself, had been confirmed in Frits Loendersloot v George Ballantine & Sons Ltd [1977] ECR I-227. [read post]
24 Nov 2012, 12:38 pm by Schachtman
  As I noted in “Confusion Over Causation in Texas” (Aug. 27, 2011), the Texas Supreme Court managed to confuse general and specific causation concepts in its decision in Merck & Co. v. [read post]
24 Nov 2012, 7:14 am by Allard Knook
The Court however reiterated that a Member State which had granted or sought to be allowed to grant aid under one of the exceptions provided for in the Treaty rules had a duty to cooperate with the Commission in the proceeding in which it took part, pursuant to which it must in particular provided all the information necessary to enable the Commission to verify that the conditions for the derogation sought were fulfilled (Case C‑364/90 Italy v Commission [1993]; Joined Cases… [read post]
22 Nov 2012, 10:24 am
  In relation to the breach of confidence action, the Court of Appeal reiterated that the credibility of Mr Bailey was not relevant to the judge's findings. [read post]
22 Nov 2012, 6:30 am
On November 12, 15 and 19, 2012, first, second and third Final Pre-Trial Conferences were held in Shirley Frazier Burrell v. [read post]
20 Nov 2012, 1:43 pm by Allard Knook
The Court held that that the procedure established under Art. 259 TFEU was designed to obtain a declaration that the conduct of a Member State was in breach of EU law and to terminate that conduct (see, to that effect, Joined Cases 15/76 and 16/76 France v Commission [1979]; Case C-456/05 Commission v Germany [2007]; and Joined Cases C-514/07 P, C-528/07 P and C-532/07 P Sweden and Others v API and Commission [2010]).Thus, as the aim of the Treaty was to achieve the… [read post]
19 Nov 2012, 1:57 pm by Allard Knook
 In C-629/10, TUI Travel, British Airways, easyJet Airline and the International Air Transport Association (IATA) had brought proceedings before UK Courts following the Civil Aviation Authority’s refusal, on the ground that it was bound to give effect to the ruling in Sturgeon and Others, of their request not to impose on them an obligation to compensate passengers whose flights were delayed.The referring courts inter alia asked whether, and if so under what conditions, passengers whose… [read post]
18 Nov 2012, 7:45 am by Schachtman
So Ortho lost the liability issue in the Wells case, which turned on historical knowledge in 1980. [read post]
15 Nov 2012, 9:49 pm
It reiterates that the matter is going through the new procedures under the amended Title IV of the Canons, but it fails to acknowledge her own improper role in that process -- improper, in that she is acting as a judge in her own cause. [read post]
14 Nov 2012, 2:06 pm by Antoinette Konski
Chakrabarty, 447 U.S. 303 (1980) (“Chakrabarty“), in light of Mayo Collaborative Services v. [read post]
9 Nov 2012, 9:13 am
The trial judge also noted the principle in BTC v Gourley, and pointed out that this was not a typical case in which the Gourley principle applied. [read post]
2 Nov 2012, 5:00 am by Charles Rowland
The jurors’ oath reiterates this assertion. [read post]
1 Nov 2012, 8:51 pm by Tim Banks @TM_Banks
Very recently, the Supreme Court of Canada reiterated that the underlying values of dignity, integrity and autonomy are fostered by protecting a biographical core of personal information from the state (R. v. [read post]