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27 Dec 2019, 10:00 am by Scott Hervey
 Because the absence of originality is not established either on the face of the complaint or through the judicially noticed matters, the appeals court reversed the district court’s dismissal under Rule 12(b)(6). [read post]
27 Dec 2019, 10:00 am by Scott Hervey
 Because the absence of originality is not established either on the face of the complaint or through the judicially noticed matters, the appeals court reversed the district court’s dismissal under Rule 12(b)(6). [read post]
27 Dec 2019, 9:54 am by Rebecca Tushnet
Dastarbarred a reverse passing off claim, and Sybersound said that misrepresentations about authorship aren’t actionable under §43(a)(1)(B). [read post]
27 Dec 2019, 9:52 am by Rebecca Tushnet
First, proximate harm is a 12(b)(6) issue and not a subject matter jurisdiction issue, per Lexmark. [read post]
27 Dec 2019, 7:05 am
However, as we have seen with the Tomato/Broccoli and Pepper saga, it is always worth remembering that an EBA decision is not always the end of the matter. [read post]
27 Dec 2019, 4:00 am by Deanne Sowter
Berry was not represented in the family law matter creating additional challenges. [read post]
27 Dec 2019, 3:50 am by Elizabeth Kruska
Von Turkovich was represented by an attorney in his Labor Relations Board matter. [read post]
27 Dec 2019, 2:36 am by Thorsten Bausch
As such, T 2321/15 is not the first decision of its kind, but rather follows a long tradition starting with T 2/83 itself, which was confirmed in T 764/12. [read post]
23 Dec 2019, 1:36 pm by Arthur F. Coon
  After the City’s Planning and Design Review Commission recommended adoption of the updated General Plan with five supplemental changes and certification of the related EIR in January 2015, the City Council published notice that it would consider those matters with a number of additional supplemental changes in February 2015, and ultimately certified the Final EIR and approved the 2035 General Plan in March 2015. [read post]
23 Dec 2019, 1:19 pm by David Kris
What did the inspector general find, and what didn’t he find, with respect to political bias? [read post]
23 Dec 2019, 11:29 am by Allan Blutstein
There have been some interesting developments this year with the more theoretical aspects of the FOIA, including subject-matter jurisdiction (e.g., Cause of Action Inst. v. [read post]
23 Dec 2019, 9:45 am by Juan C. Antúnez
(Not in the 3d DCA: Part I) So did the post-Wartels legislative changes to Florida law involving co-ops settle the matter? [read post]
23 Dec 2019, 4:00 am by Daniel E. Cummins, Esq.
“Many companies are developing reasonable accommodation processes in order to determine whether applicants’ and employees’ use of medical marijuana doesn’t impact their ability to safely and effectively perform their jobs in the case of employees, and the jobs to which they are applying in the case of applicants,” he said.Linda B. [read post]
23 Dec 2019, 1:01 am by Sander van Rijnswou
The examining division refused the invention as the "straightforward implementation of a known non-technical method on top of known hardware" (see page 7, esp. paragraphs 3 and 7), using the so-called "COMVIK approach" (based inter alia on T 641/00) for the examination of inventions comprising technical and non-technical features.1.1 The appellant argued that the examining division did not correctly assess inventive step, because it(a) "mixe[d] up absolute and… [read post]
22 Dec 2019, 4:12 pm by INFORRM
The article also criticised Iran, commenting that ‘[t]he Azerbaijani Turk even remains European within the strict Shiite-Islamic regime of Iran. [read post]