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24 Jan 2015, 8:53 am
A freight forwarder that employs a licensed customs broker but does not hold a corporate license cannot legally engage in customs business. 19 USC 1641(b)(5) and 19 CFR 111.4. [read post]
9 May 2014, 6:27 am
Carter, Jr. dismissed the plaintiffs’ claims against a “John Doe” defendant over derogatory blog postings. [read post]
9 Feb 2018, 7:13 am
Because [one] procedure does not comply with [the SSO provision], [plaintiff] is only equitably estopped from enforcing its patent against the 15-25% procedures. [read post]
24 Jun 2013, 10:27 am
"[Defendant] does not cite to any case law to support its position, but rather argues that 'any damage [plaintiff] has sustained has been addressed through the jury award, and adding prejudgment interest to such an award would give [plaintiff], a non-practicing entity, a windfall.' [read post]
18 Mar 2013, 7:38 am
It does not seem to me like a very practicable idea to try to race to a partial judgment here so that each defendant will be in a better position in the ITC litigation. [read post]
16 Jun 2014, 8:04 am
The court denied defendant's motion for claim construction as unnecessary where defendant's sole dispute was indefiniteness and the court previously denied defendant's motion to amend its contentions to include a claim of indefiniteness. [read post]
17 Jun 2013, 11:04 am
This is an important and interesting decision: Does a defendant have a right to testify at his competency hearing under 18 USC 4241 and 4247? [read post]
18 Nov 2015, 5:31 pm
" Defendants subsequently moved to dismiss the on the ground that Cobra does not have complete ownership of the '858 patent and failed to join its co-owners as plaintiffs. [read post]
5 Feb 2018, 7:09 am
Even if, somehow, the statute could be interpreted as applying to motion practice alone, the denial of Defendants' motion for summary judgment does not alter the legal relationship between the parties. [read post]
17 Jul 2013, 10:31 am
Under Florida common law, a lawsuit that does not have much connection to Florida may be subject to "forum non conveniens," which is Latin for "inconvenient forum." [read post]
19 Sep 2019, 1:48 pm
” The “exploitation” has to do with visual depictions of children engaging in sexual explicit conduct and does not include conduct that lack visual depictions. [read post]
“Exceptionally Weak” Infringement Case Justifies Recommendation of $5.5 Million Attorneys’ Fee Award
26 Dec 2014, 6:39 am
Another remarkable aspect of [plaintiff's] defeat is that much of [defendant's] best evidence came from the deposition testimony of [plaintiff's] witnesses, not [defendant's] witnesses. . . . [read post]
25 Jan 2018, 5:28 am
The Multiorganization Statement narrows but does not abolish the term futility. [read post]
19 Nov 2012, 8:47 am
Intending only to injure someone does not qualify as attempted murder. [read post]
2 Aug 2007, 6:35 pm
Does this singular success mean we should encourage, support or defend off-label use of medical devices or drugs? [read post]
23 Oct 2009, 8:54 am
More often than not, so long as the defendant does not have an extensive criminal history, these matters can be resolved without the defendant having to serve much or any time in prison, even assuming that the State can prove the case. [read post]
30 Oct 2010, 6:02 am
The criminal offense itself does not have to take place. [read post]
9 Sep 2011, 12:27 pm
The purpose of the observation period is to make sure the defendant does not eat or drink anything, vomit or burp in the fifteen minutes before a the test is requested. [read post]
26 Feb 2014, 4:12 am
The "speech" by the defendants was purely in a commercial context and involves the presentation of words and images on goods in order to sell them. [read post]
21 Mar 2014, 6:00 am
Attention to the defendant and its like is nowhere to be found.The case itself dealt with a fundamental issue of copyright law as it applies to the protection of computer software, namely to what extent can infringement of copyright be found when the defendant emulates the functionality of the plaintiff’s software, but does so without access to the plaintiff’s computer code. [read post]
