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22 Jan 2009, 2:06 am
That testimony killed the plaintiff's standard product liability case, because under California (and almost all other states') law, a plaintiff cannot establish causation in an inadequate warning case where the prescribing physician did not rely upon the allegedly defective warning. [read post]
15 Jan 2009, 12:09 am
Accordingly, plaintiff failed to make a prima facie showing of its entitlement to summary judgment (see Art of Healing Medicine, P.C. v Travelers Home & Mar. [read post]
14 Jan 2009, 3:38 am
  Nonetheless, at least one state court has followed Hall Street's holding where the applicable state law was silent as to whether parties could contract for expanded judicial review. [read post]
14 Jan 2009, 12:01 am
A lack of precision in a shoeprint expert's testimony was not a bar to the expert testimony, in United States v. [read post]
9 Jan 2009, 7:00 am
Volkswagon-based transfer mandamus order in In re TS Tech USA (Inventive Step) (Hal Wegner) (EDTexweblog.com) (EDTexweblog.com) (Washington State Patent Law Blog) (Patently-O) (Law360) (Patent Prospector) ECJ decides Obelix too famous to be confused with MOBILIX mobile phone service: Les Éditions Albert René Sàrl v Office for Harmonisation in the Internal Market, Orange A/S (Class 46) (IPKat)   Global Global – General Moral… [read post]
26 Nov 2008, 7:00 pm
In this opinion from 1982, a judge dismissed Kent © Norman's complaint against Ronald Reagan, then President of the United States. [read post]
14 Nov 2008, 2:12 am
You can separately subscribe to the IP Think Tank Global week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included: Member states review key copyright issues (WIPO) (IPKat) (Daily Dose of IP) (Intellectual Property Watch) CFI rejects Lego’s appeal against OHIM’s Board of Appeals decision that Lego brick shape not registrable as a Community trade mark (Class 46) (IPKat) (Out-Law) (Law360) Patent policy to be investigated by Federal Trade… [read post]
13 Nov 2008, 3:45 pm
Branker, No. 0171p.pdf In a conviction and death sentence for capital murder, denial of petition for federal writ of habeas corpus relief is affirmed where: 1) the state motion for appropriate relief (MAR) court's determination that production of the undisclosed evidence would not have resulted in a different verdict, either at guilt or sentencing, in petitioner's trial for the murder was not an unreasonable one; 2) given the similarities in the murders, the evidence that… [read post]