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6 May 2016, 1:50 pm
Republicans now control the vast majority of elected offices in the states. [read post]
6 May 2016, 12:30 pm
For other Texas (and other states’) cases applying the learned intermediary rule to prescription medical devices, see our post here.Collectively, strike one.Second, Texas’ rejection of design defect claims involving prescription medical products is also reflected in that state’s product liability statute. [read post]
5 May 2016, 8:28 am
Now, in a New York minute, just weeks after hearing oral argument, the Empire State’s highest court leveled the playing field by endorsing the “all sums” and “vertical exhaustion” approach to allocation advocated by a policyholder, at least as to policies containing “non-cumulation” and “prior insurance” provisions. [read post]
5 May 2016, 5:05 am
The glyphs used in Klingon are functional, and analogous to typeface designs (which are said in US law to be protectable as industrial designs only, per Adobe Sys. v. [read post]
4 May 2016, 10:38 am
See State v. [read post]
4 May 2016, 10:38 am
See State v. [read post]
4 May 2016, 6:55 am
The employer operated a call center where its employees fielded telephone calls from customers. [read post]
4 May 2016, 6:37 am
Discussing the long-held principles of preemption, the appeals court noted that preemption may be implied where the area of law is fully occupied by federal regulation (field preemption) or where a state law conflicts with federal law (meaning it is impossible to comply with both or the state law is an “obstacle” to fully executing the purpose of the federal law). [read post]
4 May 2016, 6:30 am
In Couzzo Speed Technologies v. [read post]
4 May 2016, 5:25 am
Over the past months, the Court of Justice of the European Union (CJEU) has had to open three different files in this regard, with one glorious EU country (Poland), and a couple of UK judges seeking clarification as to the lawfulness of the Directive under different standpoints [Cases C-358/14, Poland v Parliament and Council; C-477/14, Pillbox 38(UK) Limited v Secretary of State for Health; and C-547/14, Philip Morris Brands SARL and Others v Secretary of… [read post]
3 May 2016, 2:41 pm
[Is the United States scaleable? [read post]
3 May 2016, 2:30 pm
Hopefully BMG v. [read post]
3 May 2016, 7:38 am
The match-up was a classic one, my firm against Akin Gump: BigLaw v. [read post]
3 May 2016, 7:02 am
§ 101 as directed to patent-ineligible subject matter, the PTAB analyzed the claim utilizing the Mayo framework set forth in Alice v. [read post]
3 May 2016, 7:02 am
§ 101 as directed to patent-ineligible subject matter, the PTAB analyzed the claim utilizing the Mayo framework set forth in Alice v. [read post]
2 May 2016, 2:13 pm
” State v. [read post]
2 May 2016, 11:26 am
The Court’s agreement to rule on the SCA Hygiene Products case makes that something of a sequel in the patent field to a 2014 ruling by the Justices on copyright law — the six-to-three ruling in Petrella v. [read post]
1 May 2016, 1:49 pm
For example Williams v. [read post]
30 Apr 2016, 3:28 pm
That’s Washington v. [read post]
30 Apr 2016, 12:10 pm
Intermediate v. strict scrutiny standard: but that’s one of the principal disputes right now. [read post]
