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18 Nov 2013, 5:00 am by Doug Cornelius
So you can’t rely on this exemption when raising a new fund. [read post]
19 May 2013, 5:01 pm by oliver randl
T 19/87 [5]; T 668/89 [3]; T 417/00 [2.3] T 1829/10 [2.4]). [read post]
8 Oct 2010, 2:12 pm
As stated by a childbirth advocate, “[t]his data is compelling and strongly suggests that there may be a provable connection between profit and the cesarean rate. [read post]
26 Jun 2009, 2:13 pm
Even so, the panel's broad reading of 230(c)(2) can't be bad news for the search engines. [read post]
28 Dec 2019, 1:00 am
However, as the Board of Appeal (3.2.05) in T 1299/15 confirmed, it is possible for the burden of proof to shift back to the patentee if "serious doubts" exist regarding whether a skilled person could carry out the invention: Burden of Proof was Shifting the burden of proof back to the patentee (T 1299/15).Exceptions to patentabilityPerfect teethMethods of surgery are excluded from patentability under Article 53(c) EPC. [read post]
6 May 2019, 7:52 am by Rebecca Tushnet
(2) hypothesis: causation is important and underthought at this stage b/c modern TM lacks a materiality requirement in the first place, which it should have preserved from the old common law. (3) Also, be interested to have you speak to relationship b/t irreparable harm and difficulty calculating damages—does showing that it’s really hard to trace damages support the pre-eBay practice of having injunctive relief be standard? [read post]
8 Aug 2011, 9:14 am by lawshucks
  Normally, that wouldn't be particularly notable, but in the wake of ...W&C Loses Yet Another Partner. [read post]
21 Sep 2021, 12:26 am by Rose Hughes
Legal basis for this requirement, the Board noted, could be found in T 488/16 (r. 4.2), T 1329/04 (r. 12), and T 433/05 (r.28). [read post]
30 Sep 2022, 8:21 am by Rebecca Tushnet
After 2018 farm bill defining hemp as distinct from marijuana: Appropriate identification w/correct wording can allow hemp goods, but FDCA refusal may still apply even if Controlled Substances Act doesn’t apply b/c hemp can’t be turned to CBD for ingestible/medicinal/therapeutic use—but huge spike in CBD-related applications occurred as a result of 2018 change. [read post]
17 Dec 2018, 1:06 pm by Daniel Shaviro
  Does it matter if we accept the apparent DOJ position that a president can’t be indicted while in office? [read post]
22 Jan 2022, 8:57 am by Andrew Delaney
As an aside, I think that could make a good outlaw country song: Custody o’ the D-O-C. [read post]