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14 Aug 2013, 1:33 pm by Joel R. Brandes
Thus, the Second Department was in agreement with the Appellate Division, Third Department, who, in Fox Wander W. [read post]
14 Aug 2013, 12:49 pm by Orin Kerr
” Granted, as a matter of retroactivity law, Gant provided the governing law. [read post]
13 Aug 2013, 6:20 am by Florian Mueller
(emphasis in original) [/Update] If you'd like to be updated on the smartphone patent disputes and other intellectual property matters I cover, please subscribe to my RSS feed (in the right-hand column) and/or follow me on Twitter @FOSSpatents and Google+.Follow @FOSSpatents Share with other professionals via LinkedIn: Share| [read post]
12 Aug 2013, 4:56 am by Terry Hart
” Judge Leval wrote: The use must be productive and must employ the quoted matter in a different manner or for a different purpose from the original. [read post]
9 Aug 2013, 1:10 pm by Rebecca Tushnet
  112 cases complaints weren’t available, and 7 weren’t copyright. [read post]
9 Aug 2013, 7:13 am by Rebecca Tushnet
Ramsey thus suggests having a menu “including exclusions from protectable subject matter, limitations on the scope of trademark rights, defenses, and remedies” from which nations can select. [read post]
8 Aug 2013, 6:40 pm
[…] [Inquiry 2] [T]he analysis turns to the judicial exceptions to subject-matter eligibility. [read post]
8 Aug 2013, 10:05 am by Rebecca Tushnet
RT: My concerns: in this model, as an empirical matter, property wins and public interests do not. [read post]
7 Aug 2013, 11:07 am by Devlin Hartline
He conspicuously doesn’t quote the actual text from Black’s in that footnote, perhaps because it in fact defines copyright as a “right. [read post]
7 Aug 2013, 5:20 am by Benjamin Wittes
None of this is stuff he hasn’t said before. [read post]
6 Aug 2013, 4:45 am by Rebecca Tushnet
Using those cases, the court concluded that EA’s use wasn’t transformative enough to entitle EA to the defense as a matter of law. [read post]
29 Jul 2013, 6:08 pm by jefhenninger
  To make matters worse, the Government’s conviction rates on such crimes are very high. [read post]
29 Jul 2013, 3:30 pm by Eugene Volokh
After Morrill and Savage had settled some business matters, Savage placed the tape recorder on the table and said he wanted Morrill to hear something. [read post]
29 Jul 2013, 7:45 am by Schachtman
Pharmaceutical manufacturers are particularly vulnerable to securities fraud claims arising from the manufacturers’ pronouncements about safety or efficacy, the evidence for which is often statistical in nature. [read post]