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8 Apr 2021, 9:52 am by Eric Goldman
”  “[W]e assume, for argument’s sake, that the material [copied] was copyrightable. [read post]
13 Mar 2021, 10:27 am by Eugene Volokh
The ordinance does not seek to punish his use of the n-word more severely compared to other fighting words. [read post]
11 Mar 2021, 11:35 am
  That orientation is one that explicitly draws attention to the perspective of those who consider Hong Kong home--not matter what--from others resident in Hong Kong, particularly foreigners and residents who, when things don't go their way, may emigrate. [read post]
4 Mar 2021, 5:01 am by Matthew L.M. Fletcher
However, “a waiver of sovereign immunity cannot, on its own, extend a court’s subject matter jurisdiction” (Oneida Indian Nation v Phillips, 981 F3d at 171), and “[w]aivers of [sovereignty] are to be strictly construed in favor of the Tribe” (Wells Fargo Bank, N.A. v Chukchansi Economic Dev. [read post]
23 Feb 2021, 8:52 am by Tobias Lutzi
Unlike the Court of Appeal of Kraków in the 2016 case, the Court of Appeal of Warsaw had doubts as to its international jurisdiction based on Article 7(2) Brussels Ia. [read post]
Back in the district court, the jury once again found the claims valid, but the district court disagreed, issuing judgment as a matter of law that the patents lacked enablement. [read post]
18 Feb 2021, 12:37 pm by Rebecca Tushnet
/pre 1909 was mostly about subject matter. [read post]
17 Feb 2021, 2:16 am by Matthias Weller
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
16 Feb 2021, 2:23 pm by Kevin LaCroix
2020 was an eventful year in the world of corporate and securities litigation. [read post]
14 Feb 2021, 1:11 am by Florian Mueller
In Germany, it is theoretically possible to seek only a prelimininary injunction without ever litigating the same matter in a main proceeding (though either party is free to seek clarification in a main proceeding, and it would be disadvantageous with a view to a subsequent award of fees if a prevailing movant obtained a PI but didn't have it affirmed in a main proceeding.]National lawArt. 58 of the German Patent Act (PatG) states in its current form:The grant of the patent will be… [read post]
12 Feb 2021, 11:43 am by Rebecca Tushnet
Many were in favor of owners: Petrella, Nat’l Cable TV Ass’n v. [read post]