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8 Jan 2014, 4:41 am by Kenneth Vercammen
The Federal Tax rate on estates over $5,250,000 has been increased from 35% to 40%. [read post]
6 Jan 2014, 2:58 pm by Stephen Bilkis
Furthermore, defendant provides clothing, toys, etc., for the children while at his residence, and does not rely on plaintiff to provide those items." [read post]
6 Jan 2014, 4:33 am
"Whoever actively induces infringement of a patent shall be liable as an infringer." 35 U.S.C. [read post]
5 Jan 2014, 3:30 pm by Barry Sookman
The essential inquiry under the first factor can be separated into two parts: whether the new work is transformative and the extent to which the use serves a commercial purpose.[1] The Google Books project had two aspects (1) digitizing copies of books for the purpose of making them available to the supplying libraries for their purposes, and (2) digitizing copies for indexing, creating a database, and providing snippets to the public in response to search queries. [read post]
1 Jan 2014, 5:01 pm by oliver randl
It is not enough to argue that the claim should be read in a particular way when the wording of the claim does not require this. [read post]
31 Dec 2013, 7:44 pm by Mary Pat Dwyer
Hargis Industries, Inc. 13-352Issue: (1) Whether the Trademark Trial and Appeal Board’s finding of a likelihood of confusion precludes respondent from relitigating that issue in infringement litigation, in which likelihood of confusion is an element; and (2) whether, if issue preclusion does not apply, the district court was obliged to defer to the Board’s finding of a likelihood of confusion absent strong evidence to rebut it. [read post]
30 Dec 2013, 2:08 am
(5) If repeated and systematic re-utilisation is a requirement, (a) what does “systematic” mean? [read post]
29 Dec 2013, 10:08 pm by Barry Barnett
Patent law allows a trial court to make the losing party pay the winner's attorneys' fees but only in "exceptional cases". 35 U.S.C. 285. [read post]
27 Dec 2013, 10:41 pm
While that appeal was pending, Sidense filed a motion in the district court seeking an award of attorneys’ fees under 35 U.S.C. [read post]
27 Dec 2013, 3:22 am by Schachtman
Reconsidered – Part 1”; and here, here, here, here, and here. [read post]
26 Dec 2013, 1:27 pm
If the entity continues unchanged but its former owners and managers are replaced, to whom does the attorney-client privilege run? [read post]
24 Dec 2013, 5:01 pm by oliver randl
Moreover, the patent proprietor has consistently requested accelerated proceedings.On the other hand, the fact that the OD has not allowed the request of opponent 1 for a stay of the proceedings and has not cancelled the OPs foreseen on April 18, 2012, after opponent 1 had filed the statement of grounds in appeal case T 112/12 does not justify the suspicion of partiality on behalf of the OD. [read post]
24 Dec 2013, 2:28 pm
(5) If repeated and systematic re-utilisation is a requirement, (a) what does “systematic” mean? [read post]
24 Dec 2013, 5:45 am by Barry Sookman
It is also a fundamental tenet that copyright does not protect all copying from a work. [read post]
20 Dec 2013, 8:07 am
Second, the mere fact that the vibration damper module 1 is producing vibrations does not preclude some portion of it from being "influenced" by these vibrations as well. [read post]