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28 Jun 2014, 3:23 pm by Lucy Reed
Exceptional in this context (i.e. s10 LASPO) doesn’t mean “rare” or “really almost never” or whatever other vanishingly improbable description you care to conjure up. [read post]
27 Jun 2014, 1:14 pm by Lawrence B. Ebert
Cir. 2005).The matter of a functional definition aroseThe dissent argues that our construction is incorrectbecause it defines “datalink” in functional terms. [read post]
25 Jun 2014, 7:35 pm by Timothy Simeone
Securities and Exchange Commission has not advised us of its views on these matters, and we believe those views may well be relevant. [read post]
25 Jun 2014, 2:00 pm by Maureen Johnston
Brohl 13-1032Issue: Whether the Tax Injunction Act, which provides that “[t]he district courts shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State,” bars federal court jurisdiction over a suit brought by non-taxpayers to enjoin the informational notice and reporting requirements of a state law that neither imposes a tax, nor requires the collection… [read post]
25 Jun 2014, 11:13 am by Robert Chesney
Professor Jeff Kahn (SMU Law, also visiting at W&L Law) writes in with the following guest post on yesterday’s no-fly list decision. [read post]
25 Jun 2014, 10:10 am by Lindsay Griffiths
There needs to be more upfront planning - 99% of mistakes happen because w'ere not asking the right questions. [read post]
25 Jun 2014, 7:37 am
First, the Court says that this doesn’t seem to be a major problem. [read post]
24 Jun 2014, 12:31 am
” But, “[a]t the same time, we tread carefully in construing this exclusionary principle lest it swallow all of patent law. [read post]
23 Jun 2014, 12:57 pm by Schachtman
ITERATIVE DISJUNCTIVE SYLLOGISM Basic propositional logic teaches that the disjunctive syllogism (modus tollendo ponens) is a valid argument, in which one of its premises is a disjunction (P v Q), and the other premise is the negation of one of the disjuncts: P v Q ~P­­­_____ ∴ Q See Irving Copi & Carl Cohen Introduction to Logic at 362 (2005). [read post]
21 Jun 2014, 8:30 am
," which a Evgenia Peretz Vanity Fair piece about Donna Tartt's book "The Goldfinch":[W]e might ask the snobs, What’s the big deal? [read post]
20 Jun 2014, 10:14 am by John Elwood
  Hana Financial’s petition asks “[w]hether the jury or the court determines whether use of an older mark may be tacked to a newer one. [read post]
19 Jun 2014, 7:43 am by Jason Rantanen
If so, we then ask, “[w]hat else is there in the claims before us? [read post]
18 Jun 2014, 5:43 am
”  In the Matter of a Warrant to Search A Certain E–Mail Account Controlled and Maintained by Microsoft Corporation, 2014 WL 1661004 (U.S. [read post]
18 Jun 2014, 12:06 am
The court doesn’t say exactly when the government has to destroy, delete, or return its copy of the non-responsive files. [read post]
16 Jun 2014, 2:51 pm
June 13, 2014), largely because the apparently calculated murder of the informant could be seen as more culpable than the possibly insane murder of the mother: … [Marcus W.] [read post]
15 Jun 2014, 6:18 pm
That there is more than one way of determining the average particle diameter of a particular sample does not render that clear claim language indefinite.Id. at *11-13 (footnotes omitted).[3] Written DescriptionLegal StandardThe test for written description is “whether the disclosure of the application . . . reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date. [read post]