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1 Sep 2011, 8:31 am by Stefanie Levine
” Important to the court’s determination that the ‘283 patent does not satisfy § 101 is the fact that it does not put the knowledge gained from the “comparing” step into “practical use. [read post]
7 Jun 2019, 10:22 am by Dennis Crouch
  Of course, Halliburton was abrogated by the 1952 Patent Act with the adoption of what is now known as 35 U.S.C. 112(f): Element in Claim for a Combination. [read post]
14 Jul 2023, 12:06 pm by Dennis Crouch
Using generic technical components does not change the character of the claims. [read post]
27 Jun 2018, 4:19 pm by Dennis Crouch
Whether adjusting a dose of an old drug based on a patient’s genetic risk of poorly metabolizing it is eligible for patenting under 35 U.S.C. [read post]
29 May 2011, 5:16 am by Jeremy Saland
While weight of the marijuana is an element that must be proven beyond a reasonable doubt in felony marijuana sales, as long as the prosecution proves that the accused sold the marijuana for "consideration," ie, money or for something in return, then weight does not matter. [read post]
4 Feb 2019, 8:31 am by Ed Dickson
They claim all over the internet that a driver can make up to $35 an hour/$1500 a week, which sounds great, but is this claim too good to be true? [read post]
5 Dec 2018, 10:00 pm
The plants must meet other conditions of patenting, such as novelty and inventive step (not obvious), but the fact they were produced by traditional breeding does not negate patentability. [read post]
9 Jul 2015, 6:00 am by Administrator
What does “pretend” mean, especially as it is absent from subsection (b)? [read post]
14 May 2020, 8:43 am by Dennis Crouch
Importantly, the court here does not allow IP rights to be improperly extended in order to catch a counterfeit. [read post]
21 Jan 2013, 3:37 pm
It is also noted that the unsworn report of another Queens physician presented by plaintiff does not constitute competent admissible evidence in opposition to this motion for summary judgment. [read post]
11 Mar 2017, 10:33 am by Paul Rosenzweig
  Its a military organization; it saves people on sinking boats; and it does environmental work. [read post]
12 Oct 2017, 11:32 am
 Just because a regulator does not like a practice does not make it illegal. [read post]
18 Jul 2014, 12:59 pm
Digitech appealed the district court's finding on summary judgment that the asserted claims were invalid under 35 U.S.C. [read post]
7 Dec 2015, 6:30 am by Kenneth J. Vanko
Black, 724 F.3d 1004 (7th Cir. 2013).Although the Uniform Trade Secrets Act does not define "bad faith," its commentary in Section 4 does indicate that courts should look to the standards of the Patent Act, 35 U.S.C. [read post]
19 Dec 2012, 4:15 pm
It is also noted that the unsworn report of another physician presented by plaintiff does not constitute competent admissible evidence in opposition to this motion for summary judgment. [read post]
5 Sep 2019, 11:47 am
 Incorporating the entirety of one mark within another does not obviate the similarity between the compared marks, as in the present case, nor does it overcome a likelihood of confusion under Section 2(d)…In summary, because of the contemporaneous use of the distinctive phrase TACO TUESDAY, it follows that purchasers are likely to believe that the marks identify the same source for advertising and promotional services and advertising, marketing and promotional… [read post]
20 Aug 2013, 7:50 pm
After the Complaint is filed, the Defendant must submit an Answer to the Court within 35 days (Note: This rule does not apply to actions in Small Claims Court). [read post]
4 Jan 2021, 10:11 am by Larry
As a result, the merchandise was subject to a 35% base rate of duty under 1604.14.10. [read post]