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21 Feb 2019, 4:00 am by Administrator
”[71] Justice Arbour noted that, in explaining the standard to a jury, it might be preferable to re-word the standard of causation using positive terms, for example, a phrase such as a “‘significant contributing cause’ rather than using expressions phrased in the negative such as ‘not a trivial cause’ or ‘not insignificant’. [read post]
10 Feb 2019, 11:35 pm by Ben Reeve-Lewis
Criminal behaviour I once dealt with a criminal landlord facing prosecution who admitted that whilst he was “Alan Smith”, the subject of the enforcement action, he wasn’t “THAT Alan Smith” and as a result, the courts let him walk, even though everyone involved knew exactly who he was. [read post]
4 Feb 2019, 6:02 am by Jessica Smith
Applicants will be notified regarding acceptance no later than February 15th. [read post]
29 Jan 2019, 11:48 am by Jason Rantanen
Likewise, if the claims have been re-formulated responsive to non-101 rejections and mooted any subject matter defects in the process, PSM will not factor into the application’s outcome. [3] In that pilot, the USPTO randomly selected 500 registrations to participate in the initial program to assess the accuracy and integrity of the trademark register. [read post]
29 Jan 2019, 9:08 am by John Elwood
United States, 18-5232, Smith v. [read post]
9 Jan 2019, 2:48 pm by John Elwood
John Elwood reviews the first relists of 2019. [read post]
5 Jan 2019, 3:06 pm by familoo
When a transcript request is made that is dealt with by court staff other than court staff referring an application to a judge for permission where that is needed (The rules say that the court (judge) must give permission before the shorthand note (recording) or the transcript is provided to anyone. [read post]
5 Jan 2019, 8:30 am
SOEs may be regulated internally by their home states—indeed they may be conflated with the home state government—but when they engage in economic activities, especially abroad, they are expected to conform to the generally applicable framework for markets-based economic of private entities.[14] That framework may also give rise to responsibilities within international regulatory regimes beyond and potentially incompatible with the domestic legal orders of the state whose… [read post]
3 Jan 2019, 4:23 pm by INFORRM
Following the reduction in Rebel Wilson’s damages in her defamation case this case re-affirms the principle that, in Australian defamation cases, the Court will permit substantial awards of aggravated damages where the is reprehensible conduct by the claimant. [read post]
1 Jan 2019, 4:08 pm by INFORRM
” Quite apart from the ruinous expense and the expenditure of emotional energy, it is journalism that pays the real cost, and here we’re not talking about backyard disputes or fake news, but responsible, public interest reporting. [read post]
30 Dec 2018, 6:08 am by Dennis Crouch
  The decision here falls in line with In re Smith, 815 F.3d 816 (Fed. [read post]
13 Dec 2018, 11:16 am by Adam Feldman
The disparate impact of certain judges’ dissents in this area re-emphasizes the strategic nature of such dissenting behavior and reinforces the sense that Supreme Court justices take heed of such signals. [read post]
4 Dec 2018, 4:50 pm by Ronald Mann
Congress revised the relevant provisions in 2011 when it adopted the Leahy-Smith America Invents Act (universally known as the AIA). [read post]
3 Dec 2018, 8:46 pm by Dennis Crouch
(Duffy.BPAI.pdf) Joseph Casino and Michael Kasdan, In re Seagate Technology: Willfulness and Waiver, a Summary and a Proposal, 2007 Patently-O Patent L.J. 1 (Casino-Seagate) [read post]
3 Dec 2018, 11:13 am by Anushka Limaye
There will be a discussion after Smith’s presentation moderated by Darrell West. [read post]
29 Nov 2018, 4:46 am by CMS
In other cases, we might be persuaded by an application for permission if there is a really arguable point. [read post]