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19 Dec 2019, 9:41 am
In his reference, the Judge trotted through the English court's and CJEU's case law Article 3(a) - Takeda, Farmitalia, Daiichi, Yeda, Medeva (and its progeny), Actavis v Sanofi, Eli Lilly v HGS, Actavis v Boehringer, - and found that it was clear that something more was required, but what that "something" was was not clear. [read post]
27 Sep 2016, 8:27 am
Most notably, the Comstock Act did not specifically define what qualified as obscene printed material– a question that the court would struggle with through the 1960’s, when Justice Potter Stewart would write his infamous “I know it when I see it” observation in Jacobellis v. [read post]
24 Jul 2011, 11:13 pm
Cromptons (EPLAW) Harry Potter and the idea/expression dichotomy (1709 Blog) ‘Trade Mark Incentives’: new official report from the UK IPO (Class 46) When negotiations don’t end in a done deal Ebden v News International Ltd (1709 Blog) United States US General US Chamber urges highest IP standards in trans-pacific trade pact (IP Watch) Federal judiciary: Kennedy nominees still serving country – from The Federal Lawyer (Copyright Litigation… [read post]
6 Jan 2014, 6:43 am
They’re also obviously at risk of simply describing, in a laudatory manner, characteristics of the goods or services in question.CJEU Cases C-398/08 P Audi AG v OHIM (VORSPRUNG DURCH TECHNIK) and C-311/11 P Smart Technologies ULC v OHIM (WIR MACHEN DAS BESONDERE EINFACH), already blogged by Jeremy hereand here, set out the position in Europe. [read post]
17 Aug 2012, 2:11 pm
Vitale and Abington School District v. [read post]
13 Jul 2008, 1:56 pm
I had never heard her name before President Ronald Reagan nominated her that summer to succeed Potter Stewart. [read post]
12 Jun 2010, 10:30 am
Much like the standards of obscenity spelled out in Jacobellis v. [read post]
13 Jul 2008, 2:05 pm
I had never heard her name before President Ronald Reagan nominated her that summer to succeed Potter Stewart. [read post]
11 Aug 2023, 7:00 am
In Rucho v. [read post]
8 Jan 2012, 8:12 pm
Here's Justice Scalia's own parade of horribles: State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of [the majority opinion in] Bowers [v. [read post]
22 Feb 2010, 3:35 am
– Adrian Jacobs estate claim his character Willy the Wizard has been into Harry Potter and the Goblet of Fire (IP Whiteboard) United States US General US business calls for IP enforcement ‘surge’, seeks new legislation this year (IP Watch) PK and EFF joint submission: Special 301 review should respect copyright balance and increase transparency (Public Knowledge) (Michael Geist) (Public Knowledge) US Patents Appealing BPAI rejections in ex parte… [read post]
22 Feb 2010, 3:35 am
– Adrian Jacobs estate claim his character Willy the Wizard has been into Harry Potter and the Goblet of Fire (IP Whiteboard) United States US General US business calls for IP enforcement ‘surge’, seeks new legislation this year (IP Watch) PK and EFF joint submission: Special 301 review should respect copyright balance and increase transparency (Public Knowledge) (Michael Geist) (Public Knowledge) US Patents Appealing BPAI rejections in ex parte… [read post]
20 Jul 2010, 11:59 am
In Black v. [read post]
28 Jun 2011, 12:14 pm
United States v. [read post]
8 Jan 2015, 9:33 am
” Conservatives like Romney, Dirksen, Burger, Potter Stewart, and Harry Blackmun supported the Brown v. [read post]
26 Jan 2023, 8:00 am
Until relatively recently, Article V and the hurdles it presented to formal constitutional amendment was seen as a feature rather than a bug, especially if one credited the constitutional theories of esteemed scholars like David Strauss or Bruce Ackerman. [read post]
24 Jul 2014, 9:01 pm
United States (1971) and United States v. [read post]
15 Oct 2007, 5:06 am
Figueroa v. [read post]
18 Dec 2020, 1:00 pm
Los Angeles v. [read post]
2 Nov 2018, 3:00 pm
United States, 490 U.S. 858, 873-74 (1989); see also Fed. [read post]