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31 Aug 2015, 5:25 am
SPD argued that it was likely to succeed on the merits of an appeal, because there’s a post-Pom Wonderful question of first impression in the Second Circuit on whether the FDA’s pre-approval of advertising for a medical device precludes Lanham Act false advertising claims, as well as a serious question as to whether C & D was entitled to a “presumption of consumer confusion as to all of SPD’s advertising based on ... intentional deception ... tied… [read post]
18 Jun 2015, 2:43 pm
Fame is not the same as merit or excellence: it's a question of personal brand recognition as much as anything else and the ballroom was full of IP achievers in the legal, commercial, strategic and informatic fields whose merits are not diminished by the fact that they may not be so widely recognised. [read post]
20 May 2018, 2:08 pm
On the first day of copyright in Intro to IP, I point out the famous “dangerous undertaking” quotation from Bleistein, note that it is often recited, and ask the students to keep in mind as they read the cases whether they think it is actually true that judges aren’t passing on the artistic merit of the works before them. [read post]
19 Apr 2023, 4:00 am
Great leaders create great culture and attract first-rate adjudicators and staff. [read post]
1 Nov 2011, 11:41 am
For the first time this month, we also add to our stats with a TIME TO DISPOSITION analysis for published opinions. [read post]
1 Nov 2023, 10:44 am
In a case of first impression, the First Division of the Colorado Court of Appeals recently reviewed whether parties may contractually alter the accrual time established by Colorado’s statute of limitations for construction defect actions, C.R.S. [read post]
7 Aug 2018, 9:52 am
The Sixth Circuit swiftly rejected each of these attempts to obviate the need to address the merits. [read post]
10 Jan 2022, 10:33 am
., continuation and divisional applications are excluded) the application must not have been accorded special status (but can request to participate in the Fast-Track Appeals Pilot Program or file an RCE with a request for Track I expedited examination after participating in the DSMER pilot program) the application must be assigned to a participating primary examiner the first Office Action on the merits must include both SME and non-SME rejections The invitation will… [read post]
1 Jun 2021, 11:00 am
This piece first appeared in Just Security. [read post]
16 Jan 2018, 7:45 am
The Supreme Court has yet to rule on the merits of any of them. [read post]
16 Jan 2018, 7:45 am
The Supreme Court has yet to rule on the merits of any of them. [read post]
5 Jul 2013, 10:16 am
The first concerns how a municipality conducts a quasi-adjudicative hearing. [read post]
21 Oct 2022, 10:52 am
The post Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case appeared first on Reason.com. [read post]
10 Dec 2013, 7:21 am
” In response to questions from Justices Alito and Sotomayor, Himmelfarb acknowledged that this would produce two appeals — one for the first merits judgment and one for the fees decision. [read post]
16 Aug 2012, 9:26 am
(Only the court at first instance added, obiter, that the husband would also have failed on the merits, the withholding of the poison having been lawful.) [read post]
16 Aug 2012, 8:26 am
(One issue that the Court does not address is that the court of first instance did, in an obiter dictum, consider the merits of the case. [read post]
9 Oct 2007, 8:41 pm
well as the evidence that he claims his lawyers shouldhave discovered, is essential for a correct appraisal of the merits. [read post]
17 Apr 2007, 4:39 am
It follows (so the argument goes) that moral values have no intrinsic merit, and therefore that it is never the case that law includes merit-based standards. [read post]
31 May 2012, 12:59 pm
This was, by definition, 'a non-merits ground for dismissal.'"Referring to him as "The Chief. [read post]
24 Apr 2020, 7:34 am
Though the temptation may be great at first blush to assume that the customers must be entitled to refunds (and some businesses may conclude in certain circumstances that staying in their customers’ good graces is more important than fighting on the legal merits), each case must be assessed on its own merits — and it is often the case that the targets of such suits may have potent legal and factual defenses. [read post]
