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1 Jul 2010, 3:21 am by Gilles Cuniberti
Nor indeed is there any reason not to adhere to the important policy objective of discouraging global forum-shoppers (or their lawyers) attracted by the well-known magnetic properties of US civil procedure in purely financial matters when private punitive-damage-actions are available. [read post]
30 Jun 2010, 2:01 pm by K&L Gates
” Taking up the issue, the court first questioned “whether, as a matter of law, a protective order under Rule 26(b)(2)(B) can ever be granted to a party when the evidence is inaccessible because of that party’s failure to institute a litigation hold” and concluded that “no such bright line rule exists. [read post]
29 Jun 2010, 12:26 pm by Aviva Cuyler
Kappos: Machine-or-Transformation Test Provides Only a Clue to the Eligibility of a Process as Patentable Subject Matter [Armstrong Teasdale LLP]By clarifying use of the strict machine-or-transformation test as only a non-exclusive factor in determining whether subject matter is patent-eligible, the Court in Bilski was clearly protecting the potential patentability of new technologies including those related to "software, advanced diagnostic medicine techniques, and… [read post]
29 Jun 2010, 5:00 am by James Hamilton
This regime was erected during the New Deal and, while amended many times over the years, is still organically rooted in the last century.The Report found that the bright line between brokers and investment advisers that may have existed in the 1930s has become increasingly blurred. [read post]
29 Jun 2010, 4:02 am by Woodrow Pollack
The Supreme Court addressed these concerns essentially head on, and explained that it wasn't drawing any bright-rules excluding anything from patent protection that Congress didn't put into the patent laws. [read post]
28 Jun 2010, 9:10 pm by Gene Quinn
I have criticized Justice Stevens for constantly trying to discuss whether something is new when he discusses patentable subject matter. [read post]
28 Jun 2010, 2:38 pm by Gene Quinn
  I, however, disagree about whether those inventions that satisfy the machine-or-transformation test are patentable subject matter. [read post]
27 Jun 2010, 11:29 pm by Steve Baird
But for the written description of the trademark that formed part of the application, this abandoned application wouldn't deserve being removed from the bowels of the USPTO for discussion here, where the sun does shine, even quite bright, at times. [read post]
26 Jun 2010, 4:04 pm by charonqc
WIN or LOSE in tomorrow’s Ingerland v Germany game… we can always look on the Bright Side of Life. [read post]
25 Jun 2010, 4:43 am by Dennis Crouch
Justice Stevens is also one of the few Justices ever to attempt to draw bright-line rules for excluding whole fields from the patent system. [read post]
24 Jun 2010, 10:19 am by Richard Painter
  It is another matter for the U.S. to set itself up at the forum for securities claims from around the world and therby impose our system on others. [read post]
24 Jun 2010, 6:44 am by Bennett Capers
  Enlisting his graduate student Justin Kruger, Dunning went on to research the matter and conduct studies. [read post]
23 Jun 2010, 1:30 am by INFORRM
In considering whether this interference was justified the Court pointed out that “Article 10 of the Convention does not … guarantee wholly unrestricted freedom of expression even in respect of coverage by the press of matters of serious public concern. [read post]
22 Jun 2010, 5:31 pm by Transplanted Lawyer
  But they the grades of recent graduates still matters to them. [read post]
22 Jun 2010, 9:00 am by J Robert Brown Jr.
  In short, the court rejected the "bright-line" rule, pointing to the same approach in Basic. [read post]
18 Jun 2010, 6:00 am by Christopher G. Hill
However these few bright spots and spirited discussions continue to be overshadowed by the NIMBY crowd. [read post]
17 Jun 2010, 1:32 pm by Lior Strahilevitz
  If there are any bright lines to be drawn in the law of judicial takings, a divide between private-to-private transfers and private-to-public transfers is the sensible location for that line. [read post]