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29 Jun 2022, 4:49 pm
Trademark First Sale Doctrine The first sale doctrine applies when a trademarked product has been incorporated in a new product Certification Marks Appeal from the United States District Court for the Western District of Washington Interlocutory Appeal Per Curiam Opinion This interlocutory appeal concerns the scope of the first sale doctrine in trademark law. [read post]
29 Jun 2022, 1:41 am
Qualcomm case--where the Federal Circuit held that Apple lacked standing to appeal decisions by the Patent Trial and Appeal Board (PTAB) of the United States Patent & Trademark Office (USPTO) due to a portfolio license it had taken from Qualcomm in 2019--we at least know what the Department of Justice (DOJ) thought. [read post]
28 Jun 2022, 9:13 pm
The tireless, tiresome tire maker is still in a state of denial and filed a motion yesterday with the United States Court of Appeals for the Fifth Circuit for a 30-day extension of time to file its second petition for rehearing en banc (full-court review) of the dismissal of Continental v. [read post]
28 Jun 2022, 8:58 am
For example, in the 1990s, the Ninth Circuit U.S. [read post]
26 Jun 2022, 9:02 pm
Some autopsies reveal that inmates’ lungs filled while they continued to breathe, which would cause them to feel as if they were drowning and suffocating.Given lethal injection’s record, it is no wonder that Michael Nance, and other death row inmates, want to die by some other means.Summarizing lethal injection’s history in a 2014 opinion, former Ninth Circuit Court of Appeals Judge Alex Kozinski got it right when he said of execution by lethal… [read post]
26 Jun 2022, 7:36 pm
He then appealed to the United States Court of Appeals for the Ninth Circuit. [read post]
23 Jun 2022, 7:36 am
Case date: 06 April 2022 Case number: No. 21-35561 Court: United States Court of Appeals, Ninth Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
23 Jun 2022, 4:37 am
The court granted the request, made under California Rules of Court, rule 8.548, that the court will decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. [read post]
23 Jun 2022, 3:37 am
On June 21, 2022 The United States Supreme Court denied an appeal to put an end to thousands of pending lawsuits tying Bayer’s weedkiller product to cancer diagnosis. [read post]
22 Jun 2022, 1:59 pm
Department of Justice, Elizabeth Prelogar, filed a response in the matter, urging the Supreme Court to decline the relator’s petition for certiorari and arguing that “the FCA is best read to preserve the Executive Branch’s virtually unfettered discretion to dismiss an action brought in the name of the United States to remedy a wrong done to the United States. [read post]
22 Jun 2022, 4:25 am
(quoting United States v. [read post]
22 Jun 2022, 12:44 am
We'll have the answer soon.Also, in the specific case here, the question may be addressed by the United States District Court for the Eastern District of Texas--which has a FRAND trial scheduled for December, though I'm not sure Apple still wants to keep that schedule--before the ITC would decide its Ericsson-Apple SEP case. [read post]
21 Jun 2022, 10:20 am
The chances of getting any further review are unbelievably slim, while the risk of annoying one of the most important appeals courts in the United States and potentially the Supreme Court--by seeking a review of an unpublished, non-precedential opinion--is real. [read post]
20 Jun 2022, 3:23 pm
Circuit, about which the NYT writes: At least two climate cases are pending before the United States Court of Appeals for the D.C. [read post]
17 Jun 2022, 12:30 pm
Ninth Circuit: Nope. [read post]
16 Jun 2022, 12:46 pm
Most recently, a panel of the Ninth Circuit upheld most of this law, but the California Chamber of Commerce petitioned the Ninth Circuit for a rehearing en banc, in which the entire appeals court will re-analyze the matter. [read post]
Supreme Court Holds That PAGA Representative Waivers Are Enforceable In Certain Significant Respects
16 Jun 2022, 9:45 am
On June 15, 2022, the United States Supreme Court issued its much anticipated decision in Viking River Cruises, Inc. v. [read post]
15 Jun 2022, 1:45 pm
Most recently, a panel of the Ninth Circuit upheld most of this law, but the California Chamber of Commerce petitioned the Ninth Circuit for a rehearing en banc, in which the entire appeals court will re-analyze the matter. [read post]
15 Jun 2022, 5:33 am
In 2020, the United States Court of Appeals for the Ninth Circuit overruled the district court on all counts, denied the Federal Trade Commission a rehearing, and in the end the FTC didn't even seek Supreme Court review.That was a remarkable outcome. [read post]
15 Jun 2022, 4:49 am
Circuit’s Decision On appeal, the D.C. [read post]
