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24 Jan 2013, 5:00 pm by Swaraj Paul Barooah
[6] Some may argue that this sort of complexity in law may not be peculiar only to the intellectual property right laws, however, it is evident that this set of law is one of the most technical both in relation to law and subject matter.[7] Some experts are of the view that, intellectual property right laws are more ‘taxing’ than tax statutes.[8] Not only is the law difficult to understand but also expensive. [read post]
24 Jan 2013, 10:14 am by Dennis Crouch
The case also raises a novel argument for secondary indicia of nonobviousness. [read post]
24 Jan 2013, 6:33 am by J. Alexander Lawrence
And under Rule 45 of the Federal Rules of Civil Procedure, a court must quash a subpoena if it requires disclosure of protected matter. [read post]
23 Jan 2013, 4:00 am by Administrator
Ryan 2013 SCC 3[1] This appeal raises a novel question: may a wife, whose life is threatened by her abusive husband, rely on the defence of duress when she tries to have him murdered? [read post]
23 Jan 2013, 2:59 am
 Merpel wonders what is the patent wording currently in force in the UK, and also looks forward to the EPO Appeal, which still has scope to change matters. [read post]
22 Jan 2013, 1:10 pm by Swaraj Paul Barooah
 Given that these methods fall under the ambit of Sec 3(k) there is no requirement of checking whether they are novel, non-obvious and involve an inventive step. [read post]
22 Jan 2013, 12:58 pm by Brett Trout
If the invention is novel and lots of people are willing to pay a premium over the manufacturing costs to get it, you probably need a patent. [read post]
22 Jan 2013, 10:26 am by Florian Mueller
That's why Samsung's opposition brief describes Apple's position as saying "that patent exclusivity, like trespass to real property, warrants injunctive relief for infringement as a matter of course". [read post]
20 Jan 2013, 6:57 am by Gritsforbreakfast
”Alternatives to incarceration have been a cause célèbre with liberals for years, arguments about the high cost of staffing and operating prisons gained traction with even the most conservative members of the Texas Legislature.Hammond's message may not be "new" (certainly Grits readers won't find it particularly novel), but messengers matter and among Texas legislators, particularly in the GOP, TAB enjoys a megaphone among both the leadership and newer,… [read post]
18 Jan 2013, 2:06 pm by Bexis
  And if there’s another thing that’s not right, it’s imposing liability on a product manufacturer that didn’t make a cent (and probably was driven out of the market by) from the product that actually caused the injury in question.Nor is it very likely that this novel theory of “fraud/misrepresentation” liability can be limited to prescription drugs, whatever its intended scope. [read post]
18 Jan 2013, 7:16 am by Daniel E. Cummins
CumminsPennsylvania Law Weekly (January 8, 2013) As the post-Koken auto law cases begin to proceed through trial and up the appellate ladder, more and more novel issues are being clarified by the courts. [read post]
18 Jan 2013, 4:46 am by Cari Rincker
No matter how good the virtual experience is, it doesn’t capture the essence of a place. [read post]
17 Jan 2013, 5:01 pm by oliver randl
What was needed was a sharp change of direction in the art and that is what the present invention has provided through the appreciation of the feasibility of using PTC elements for the novel purpose of cutting. [read post]
17 Jan 2013, 4:32 pm by Sean Patrick Donlan
Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. [read post]
16 Jan 2013, 2:56 pm by Michael Steven Green
Could Congress put the burden of alleging a lack of contributory negligence on the plaintiff for all diversity cases, no matter what state negligence law said about the matter? [read post]
15 Jan 2013, 8:48 pm by Buce
With pages like tht, I don't think it matters whether the whole holds together or not. [read post]
15 Jan 2013, 5:01 pm by oliver randl
The Board then discussed sufficiency of disclosure and found the invention to be sufficiently disclosed.The main request and first auxiliary request were found to lack novelty.The subject-matter of the second auxiliary request was found to be novel, but the Board was not able to take a final decision on inventive step:[6.4.1] The OD based its assessment of inventive step when discussing the proprietor’s 3rd auxiliary request on a prior art that it identified as A0, which was… [read post]
14 Jan 2013, 2:29 pm by Kenneth Anderson
John Brennan, nominated by President Obama to become the next CIA director, will apparently face some tough questioning from Senator Ron Wyden (D-OR) at his Senate confirmation hearings (reportedly set for Thursday, February 7, 2:30 pm). [read post]
12 Jan 2013, 1:43 am by Florian Mueller
But the fact that Samsung can't point to Federal Circuit precedent, or at least some district court patent cases, supports Apple's claim of this being novel. [read post]
11 Jan 2013, 11:12 am by Bexis
  The court quite rightly rejected that novel proposition, pointing out the express comment (comment e) to that section noting but not taking a position on a DTC exception. [read post]