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27 Jan 2013, 7:40 pm by Curtis Bradley
  That is certainly true, but I don’t see how it advances his argument. [read post]
25 Jan 2013, 4:09 pm by INFORRM
As the Court points out: “En l’espèce, les photographies litigieuses ont été publiées sur un site Internet appartenant à une société gérée par les deux premiers requérants, dans le but notamment de les vendre ou d’y donner accès contre rémunération. [read post]
25 Jan 2013, 9:41 am by Daniel Joshua Salinas
’” The panel explained that opposing claims of trade secret theft are not enough to render a counterclaim compulsory: “[w]hat matters is not the legal theory but the facts. [read post]
25 Jan 2013, 9:41 am by Daniel Joshua Salinas
’” The panel explained that opposing claims of trade secret theft are not enough to render a counterclaim compulsory: “[w]hat matters is not the legal theory but the facts. [read post]
23 Jan 2013, 8:13 am by Cynthia Marcotte Stamer
™ human resources news here including the following: BNSF OSHA Whistleblower Settlement Gives Employers Insights About Policies OSHA View As Prohibited OCR Publishes Long-Anticipated Omnibus Restatement of HIPAA Privacy, Security, Breach Notification & Enforcement Rules OCR Gives HIPAA Guidance On Safety Disclosures IRS Offers New Simplified Option For Businesses Claiming Home Office Deductions For Home-Based Business Owners & Workers IRS Announces Cost of… [read post]
22 Jan 2013, 1:42 pm by Jay Wexler
So then we talk about so-called functional defintions of religion--those definitions that define what counts as religion w/r/t what role or function the system plays in the person's life. [read post]
22 Jan 2013, 7:56 am by Kelly Phillips Erb
In terms of timing, he indicated that he was definitely caught offguard, saying “[w]e had no idea when the decision would come down. [read post]
19 Jan 2013, 4:18 am by Marty Lederman
  If, on its first added Article III question, the Court holds that it has jurisdiction to reach the merits in Windsor, then it won’t matter whether BLAG has standing as a party. [read post]
18 Jan 2013, 2:06 pm by Bexis
And isn’t it foreseeable that doctors would rely more on Careful, given its much better reputation, than Flybynight? [read post]
18 Jan 2013, 1:17 pm by Rebecca Tushnet
  Fashion: what really matters in fashion is the TM/brand. [read post]
18 Jan 2013, 11:37 am by Rebecca Tushnet
We don’t want innovation no matter what; we want cost-justified innovation. [read post]
18 Jan 2013, 7:22 am by Marty Lederman
  (In my initial post, I provided more background on the history and justification for the executive’s “enforce-but-don’t-defend” practice reflected in the Holder letter.) [read post]
18 Jan 2013, 7:01 am by Lawrence B. Ebert
[W]here the Patent Office has reason to believe that a functional limitation asserted to be critical for establishing novelty in the claimed subject matter may, in fact, be an inherent characteristic of the prior art, it possesses the authority to require the applicant to prove that the subject matter shown to be in the prior art does not possess the characteristic relied on.Id. at 1478, quoting In re Swinehart, 439 F.2d 210, 212 (CCPA 1971).KSR is invoked: A reference is… [read post]
18 Jan 2013, 4:52 am by Susan Brenner
Significantly, `[t]he constitutional guarantees of freedom of speech forbid the States to punish the use of words or language not within narrowly limited classes of speech. [read post]