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18 May 2008, 6:04 am
Faraday, 268 Conn. 174 (2004). 2. [read post]
18 Aug 2017, 6:29 am
Take-2 argues that the use is de minimis and fair use. [read post]
7 Dec 2023, 9:30 am
§ 292 must show: (1) an unpatented article; (2) an intent to deceive the public; and (3) a competitive injury. [read post]
20 May 2014, 11:33 am
Accordingly, Texas law does require proof that the defendant failed to adopt a safer alternative design. [read post]
26 Jun 2008, 11:28 pm
Ark., July 6, 2005, No. 3:04CV002915WW) [2005 WL 1773948] slip opn., p. 2, fn. 1.) [read post]
7 Dec 2014, 6:30 pm
The Complaint does not seek that relief, and the Orders issued in the related Lawsuits do not discuss dissolution. [read post]
19 Apr 2018, 7:26 pm
Neither does criminal contempt. [read post]
8 Mar 2010, 10:18 am
Phelps jury held defendants liable not just for intentional infliction of emotional distress, but also for invasion of privacy. [read post]
8 Aug 2012, 10:53 am
Citrix Online LLC, et. al., 2-11-cv-02409 (CACD August 3, 2012, Order) (McDermott, M.J.). [read post]
31 Oct 2013, 5:00 am
§355(b)(2) as [defendant] contends. [read post]
29 Sep 2009, 7:16 am
If a felony traffic charge is pending against the defendant, it can be a tactical advantage for the plaintiff if the defendant repeatedly invokes the fifth amendment right against self-incrimination in front of the jury in the civil trial, and the judge then instructs the jury that they may infer that a truthful answer would not have helped the defendant. [read post]
3 Jul 2012, 2:41 pm
Specifically, the court explained that such a burden was placed on every third party respondent to a subpoena and could not be used to create standing for a defendant “where none exists” and later opined that “it does not take much to search and provide the data to the court. [read post]
18 Dec 2009, 3:47 am
What does the State Attorney have to prove to validate a DUI Traffic Stop using Radar? [read post]
16 Jul 2017, 7:49 am
Feb. 6, 2017): “The Plaintiffs allege that: (1) 33% of health-related data breaches result in identity theft; (2) the Defendants expend millions of dollars trying to avoid and mitigate those risks; and (3) by offering the Plaintiffs free credit monitoring, the VA effectively conceded that the theft of the laptop and pathology reports constituted a “reasonable risk of harm to those victimized” by the data breaches. [read post]
22 Feb 2016, 2:15 pm
Connell also jumps in on the issue of clearance delays, first noting that attorneys and paralegals typically spend only 2-3 years on the defense team. [read post]
Test Your TTAB Judge-Ability: Is This "Statue of Liberty" Design Mark Scandalous Under Section 2(a)?
3 Dec 2013, 4:55 am
On the other hand, a "substantial composite" of Americans does not, as the Board observed, mean a majority. [read post]
13 Jul 2017, 7:24 am
Alternatively, does 18 USC 2 (accomplice liability) apply to an effort to assist in the tort violation that provides the felony enhancement? [read post]
24 Oct 2022, 11:30 am
The defendant made the classic defensive argument that the prior art is so similar to the accused product that either (1) the patent is invalid [if broadly interpreted] or (2) the patent is not infringed [if narrowly interpreted]. [read post]
13 Feb 2012, 1:47 pm
Cir. 2003) that Section 271(e)(2) does not encompass “speculative” claims for infringement. [read post]
13 Dec 2010, 3:30 am
Thus, when the quantity of damages is not alleged by the plaintiff class, a defendant seeking to sustain removal may follow either of two tracks: (1) Adduce summary judgment evidence of the amount in controversy, or (2) demonstrate that, from the class plaintiffs’ pleadings alone, it is “facially apparent” that CAFA’s amount in controversy is met. [read post]