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27 Nov 2019, 6:14 am by Amy Howe
” Moreover, the company adds, it’s hard to imagine how these claims wouldn’t be a challenge to the EPA’s plan: The whole point is that the landowners don’t think that the EPA has done enough. [read post]
And this isn’t foreign policy—I’m asking them to do an investigation that they’re doing already and that other people are telling them to stop. [read post]
26 Nov 2019, 5:00 am by Matthew J. Aiesi
” Article 1(b)(i) excludes from the definition munitions “which may have incidental incendiary effects, such as illuminants, tracers, smoke or signalling [sic] systems. [read post]
26 Nov 2019, 4:39 am by Jack Goldsmith
James Hibberd of Entertainment Weekly asked him if it matters whether his portrayal of Hoffa’s death is true. [read post]
26 Nov 2019, 4:00 am by Amy Salyzyn
The sky hasn’t fallen there, and it won’t fall here, if law societies adopt the Model Code commentary. [read post]
25 Nov 2019, 11:30 pm
The application claimed that the mark was devoid of distinctive character [Art 7(1)(b)] and that the shape gives substantial value to the goods [Art 7(1)(e)(iii)].Distinctive character - Article 7(1)(b)Only a mark which departs significantly from the norm or customs of the sector and thereby fulfils its essential function of indicating origin is not devoid of any distinctive character for the purposes of Article 7(1)(b). [read post]
25 Nov 2019, 11:17 pm by Roel van Woudenberg
Even when combining the teaching of D14 with the package of D9 the skilled person would not arrive at the claimed subject-matter.First auxiliary requestInventive step should be recognised for the subject-matter of claim 1 of the first auxiliary request. [read post]
25 Nov 2019, 6:49 am by Marty Lederman
  The SG doesn’t cite any text, history, or precedent in support of his proposal. [read post]
25 Nov 2019, 6:00 am by Brian Gallini
” After Bram, involuntary confessions were inadmissible in federal criminal trials as a matter of constitutional law, but the Fifth Amendment was not yet considered a fundamental right applicable to the states. [read post]
24 Nov 2019, 12:24 pm by Jeffrey P. Gale, P.A.
P. 1.280(b)(1) that parties are entitled to “discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action,” and that “[i]t is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. [read post]
22 Nov 2019, 2:05 pm
I hope the following links, excerpts, comments, and reflections (in no particular order) will prove of interest for one reason or another to our readers. [read post]