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”[35] Although most lower courts apply the three Bolger factors in greater or lesser extent to determine whether speech is commercial, others have developed their own commercial speech tests. [read post]
18 Sep 2014, 4:46 am by Rebecca Tushnet
IP-intensive industries account for nearly 35% of nation’s GDP in 2010, and 40 million jobs directly or indirectly. [read post]
17 Sep 2014, 10:30 am by Maureen Johnston
§ 4.7, but “does not satisfy” the criteria required for a higher rating is ineligible for that higher rating. [read post]
The First Amendment…does not prohibit the State from insuring that the stream of commercial information flows cleanly as well as freely. [read post]
11 Sep 2014, 9:49 am by Dennis Crouch
Asserted claim 1 of the ‘716 patent is here: 1. [read post]
9 Sep 2014, 3:17 am by Dennis Crouch
 6,055,513 – finding that the claim lacks eligibility under 35 U.S.C. 101. [read post]
7 Sep 2014, 3:02 pm by Barry Barnett
But, the Supreme Court has held, it does not make laws of nature, natural phenomena, or abstract ideas patentable. [read post]
5 Sep 2014, 11:29 am
Still others might be reluctant to kill a particular potential attacker, for instance when a woman does not want to kill an abusive ex-husband because she does not want to have to explain to her children that she killed their father, even in self-defense. [read post]
5 Sep 2014, 11:26 am
I think this argument is based on a basic misunderstanding of the legal rules, although there is an interesting insight to be had here — which has little to do with the court as such — about “traditional public forum” doctrine more broadly. 1. [read post]
4 Sep 2014, 9:18 am
Claim 39 is an independent claim to a computer-readable medium encoded with instructions to carry out the Claim 1 method, with claim 44 a dependent claim bearing the same relation to claim 39 as claim 14 does to claim 1. [read post]