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28 Apr 2014, 9:00 am
Responding to the disarray in the court of appeals’ decision, the Supreme Court granted review. [read post]
24 Apr 2014, 6:17 am
“[I]t bears mentioning the unfortunate impact that this case will have on employees working for companies in this circuit,” Judge McKeague wrote in dissent. [read post]
22 Apr 2014, 11:29 pm
Cir. 2003) (“‘[T]heuse’ in § 271(e)(2)(A) refers to the use for which the FDAhas granted an NDA. [read post]
17 Apr 2014, 7:12 am
Granting the EEOC’s request for judicial notice, the court found that the regulation was persuasive and should be followed here. [read post]
2 Apr 2014, 9:58 am
He also pointed out that [i]t is equally true that the Application implicates Twitter's due process rights under the 5th Amendment. [read post]
23 Mar 2014, 9:44 pm
RICHARD “DICK” STOWERS, RICHARD W. [read post]
21 Mar 2014, 4:01 am
Following a jury verdict in favor of the defendant-employer below, the trial court granted the plaintiffs’ motion for judgment notwithstanding the verdict, holding that—as a matter of law—defendant had failed to satisfy its burden of proof regarding the executive exemption. [read post]
20 Mar 2014, 11:08 am
”The court did grant the Beastie Boys leave to add a claim of infringement of an additional, fifth song based on evidence found in discovery, almost 2 years after the case began. [read post]
17 Mar 2014, 7:20 am
” Accordingly, the court granted the employer’s motion for a preliminary injunction (Rodriguez v National Freight, Inc, March 13, 2014, Caldwell, W). [read post]
6 Mar 2014, 12:41 pm
Wyeth, 705 S.E.2d 828 (W. [read post]
1 Mar 2014, 10:36 am
Accession: if granting a party an adjacent market, is it because we expect the party to have superior ability to enter/manage? [read post]
28 Feb 2014, 10:06 am
Even if the consumer is getting them from Australia herself by buying them on eBay, apparently, the variation in details, including details in the warranty, still means that there will be confusion as a matter of law. [read post]
21 Feb 2014, 8:49 pm
Westview Instruments, Inc., 517 U.S. 370 (1996) (Markman II) [...], this court in Cybor held that patent claim construction receives de novo determination on appeal, that is, review for correctness as a matter of law.Lighting Ballast Control, LLC at *6.Holding[W]e apply the principles of stare decisis, and confirm the Cybor standard of de novo review of claim construction, whereby the scope of the patent grant is reviewed as a matter of law. [read post]
19 Feb 2014, 4:12 am
Collidoue Invest Fr., No. 09-0329-CV-W-GAF, 2009 WL 1766716, at *1 (W.D. [read post]
29 Jan 2014, 9:14 am
Also, it doesn’t matter how many Bloomberg subscribers took advantage of this extra information; it remains independently valuable.News reporting can’t excuse all copying. [read post]
27 Jan 2014, 2:54 am
R (T & Anor) v SSHD & Anor, heard 9 – 10 December 2013. [read post]
24 Jan 2014, 12:57 am
Liability may attach if the officer is adjudged in hindsight to have acted outside the scope of his or her delegated authority or to have failed to act on a matter that was not (sic) within his or her expected areas of responsibility.[8] More recently, five decisions by federal district courts in California ruled that the business judgment rule applies only to independent directors, not officers. [read post]
24 Jan 2014, 12:57 am
Liability may attach if the officer is adjudged in hindsight to have acted outside the scope of his or her delegated authority or to have failed to act on a matter that was not (sic) within his or her expected areas of responsibility.[8] More recently, five decisions by federal district courts in California ruled that the business judgment rule applies only to independent directors, not officers. [read post]
20 Jan 2014, 3:17 am
R (T & Anor) v SSHD & Anor, heard 9 – 10 December 2013. [read post]
15 Jan 2014, 4:53 am
[W]e conclude that Deleon has met his threshold at the summary judgment stage…. [read post]
