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12 Feb 2009, 10:42 am
As we've discussed before, "negligence per se" is one way that plaintiffs in medical device product liability litigation try to package the kinds of "parallel violation" claims that they argue gets them around the preemption ruling in Riegel v. [read post]
22 Jul 2020, 9:00 am by Dennis Crouch
” Note here that this outcome is in sharp tension with the language of Aqua Products Inc. v. [read post]
20 Aug 2009, 2:30 am
Northbridge Park Co-op, Inc., 1989 WL 149967 (E.D. [read post]
1 Jun 2011, 3:28 pm by Ronald Mann
When the Court granted review in Global Tech Appliances, Inc. v. [read post]
13 Dec 2015, 10:43 pm
This, according to the Court, contributes to preventing the sign from being apprehended without the product’s inherent qualities being perceived simultaneously.Consequently, the mark, as placed on the side of the shoe, cannot immediately be apprehended as constituting an indication of the commercial origin of the goods concerned. [read post]
6 Jun 2014, 10:00 am
  That is to say, they were “parallel” claims. [read post]
29 Nov 2023, 8:41 am by Dennis Crouch
The Federal Circuit rejected this argument based on dicta in Thryv, Inc. v. [read post]
1 Jan 2007, 12:09 pm
In the next few weeks, the FTC is expected to issue a final order in its five-year case against Rambus Inc., a California-based developer of memory technology. [read post]
21 Mar 2011, 12:40 pm by Chris Cheatham
We now have a lawsuit describing this third scenario: The Chesapeake Bay Foundation, Inc., et. al. v. [read post]