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27 Jun 2019, 3:53 pm by Mark Walsh
He cites “a justice who served as an Arizona state legislator” and quotes from Sandra Day O’Connor’s opinion in Davis v. [read post]
19 Jun 2019, 2:53 pm by Kevin LaCroix
In Jensen v. iShares Trust, holders of ETF shares purchased in a secondary market, i.e. not directly from the issuer, attempted to bring a Section 11 suit against the issuer. [read post]
11 Jun 2019, 1:19 am by Jani Ihalainen
Put differently, an inventive step (a necessary component for being able to patent something) cannot include something that is 'obvious' to a person skilled in the art, having considered anything that forms the state of the art in which they are skilled in.Typically the courts follow two tests on determining obviousness; (i) the Windsurfing/Pozzolli structure; and (ii) the EPO's problem-and-solution method.The question of obviousness, as set out in Conor Medsystems Inc… [read post]
11 Jun 2019, 1:19 am by Jani Ihalainen
Put differently, an inventive step (a necessary component for being able to patent something) cannot include something that is 'obvious' to a person skilled in the art, having considered anything that forms the state of the art in which they are skilled in.Typically the courts follow two tests on determining obviousness; (i) the Windsurfing/Pozzolli structure; and (ii) the EPO's problem-and-solution method.The question of obviousness, as set out in Conor Medsystems Inc… [read post]
9 Jun 2019, 2:59 pm by Juan C. Antúnez
Hisquierdo, 439 U.S. 572, 581, 99 S.Ct. 802, 59 L.Ed.2d 1 (1979) (quoting United States v. [read post]
21 May 2019, 2:48 pm by Sean Gallagher
There are hundreds of thousands of Internet-connected Windows systems in the United States that still appear to be vulnerable to an exploit of Microsoft Windows' Server Message Block version 1 (SMB v. 1) file sharing protocol, despite repeated public warnings to patch systems following the worldwide outbreak of the WannaCry cryptographic malware two years ago. [read post]
21 May 2019, 8:03 am by Bob Eisenbach
On May 20, 2019, the Supreme Court issued is decision in Tempnology, diving deep into the meaning of rejection of executory contracts in bankruptcy and delivering the answer: “We hold it does not. [read post]
12 May 2019, 10:10 am by Jack Pringle
"South Carolina Supreme Court: Web-Based Emails Are Not "Backup"In 2012, the South Carolina Supreme Court, in Jennings v. [read post]
11 May 2019, 7:18 am by Jack Goldsmith
Showing why I think this requires me to dive into some legal weeds. [read post]
9 May 2019, 8:44 am by Peter Margulies
Under current judicial rulings regarding the federal court settlement in the Flores v. [read post]
25 Apr 2019, 11:13 am by Coleman Saunders
Jones, in which the court held that the state government can compel password decryption. [read post]
9 Apr 2019, 4:31 am by Hon. Richard G. Kopf
[v] It costs the practicing bar a lot to subscribe to this service because the editors do a deep dive into what lawyers think of a particular federal judge. [read post]
2 Apr 2019, 1:06 pm by Mithun Mansinghani
Mithun Mansinghani serves as solicitor general for the state of Oklahoma, which filed an amicus brief joined by 16 other states in support of the petitioners in Department of Commerce v. [read post]