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31 May 2007, 1:49 pm
Since there is no "bright line" standard for measuring staleness and case law has permitted use of evidence as old as 10 months old in child pornography prosecutions, then plaintiffs have not demonstrated a constitutional violation. [read post]
24 Dec 2009, 2:45 am by John L. Welch
Applicant's specimen of use (click on picture for larger image) The TTAB based its bright-line rule on Lands' End, Inc. v. [read post]
29 Jun 2016, 1:59 pm
 As well as common sense.So, look, I understand that Judge Gould adopts his "bright-line" rule -- everything that someone asks is by definition material as a matter of law -- from an analogous case from the First Circuit that may seem to adopt precisely such a test. [read post]
29 Jun 2010, 12:26 pm by Aviva Cuyler
For all those who hoped the Supreme Court would use this case tooffer clarity, well, there's always next time.Bilski v. [read post]
4 Jun 2007, 9:18 am
In part because it helps establish that this is not a stereotypical "liberal" opinion from the Ninth Circuit that the Supremes regularly reverses, and instead is authored by a bright -- and conservative (though libertarian-leaning) -- jurist.But what's a little surprising is that Justice Stevens not only mentions that the opinion is from Judge Kozinski, but also expressly mentions that Alex clerked for Justice Burger (back in 1976-77). [read post]
17 Mar 2013, 9:07 am by Gene Quinn
In the commercial area we have to have a predictable, yes or I will use the B word --- a Bright line rule. [read post]