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4 Nov 2019, 7:10 am by Jason Rantanen
All parties agreed, as did the panel (citing Professor John Duffy’s prominent 2007 Patently-O paper), that APJs are officers within the meaning of the Appointments Clause. [read post]
4 Nov 2019, 4:02 am by Josh Blackman
[Resolutions to approve the acceptance of foreign gifts and emoluments must be presented to the President] [This post is co-authored with Professor Seth Barrett Tillman] The Foreign Emoluments Clause provides that "[N]o Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. [read post]
4 Nov 2019, 3:47 am by Edith Roberts
Prachee Sawant and Robert Reese Oñate preview the case for Cornell Law School’s Legal Information Institute. [read post]
3 Nov 2019, 4:17 pm by INFORRM
Scotland The Court of Session has begun hearing a defamation claim against Green MSP Andy Wightman by Paul O’Donoghue and his business Wildcat Haven. [read post]
1 Nov 2019, 12:30 pm by Jason Rantanen
Boundy, Agency Bad Guidance Practices at the Patent and Trademark Office: a Billion Dollar Problem, 2018 Patently-O Patent Law Journal 20. [read post]
1 Nov 2019, 7:57 am by Dennis Crouch
, 2007 Patently–O Patent L.J. 21, 25 (2007) (concluding that administrative patent judges are officers as opposed to mere employees). [read post]
31 Oct 2019, 5:55 pm by Kevin LaCroix
The barriers to filing a securities class action for alleged Exchange Act violations have been lowered, and this presents greater risks for directors and officers of publicly traded companies. [read post]
31 Oct 2019, 1:56 pm by Will Baude
Declaring that "justifiable expectations" are not enough—even overwhelmingly clear ones—Justice Thomas wrote that "[o]nly Congress has the power to diminish a reservation. [read post]
31 Oct 2019, 8:58 am by Patricia O'Keefe
  The DOJ recently sponsored a Public Workshop on Competition in Labor Markets, at which Steve Cannon, Chair of Constantine Cannon and Managing Partner of its DC office, spoke. [read post]
30 Oct 2019, 1:45 pm by Dennis Crouch
 Patent Office’s fee schedule should be restructured to minimize the risk that the Patent Office’s revenues will be insufficient to cover its operational costs and to diminish the Agency’s financial incentive to grant more patents when revenues fall short. [read post]
30 Oct 2019, 1:05 pm by Rebecca Tushnet
  Fairy tale appropriation strategy: has tried this with Snow Maiden, which was issued w/o an Office Action even though it’s a Russian folktale; Snow Queen for dolls likewise (Hans Christian Anderson); Little Mermaid for dolls, though that was refused as descriptive and TTAB affirmed. [read post]
30 Oct 2019, 10:43 am by Arnie Clarke
Hearing Officer’s Decision [BL O/259/13][2] “employer’s undertaking” Unilever argued that this meant the Unilever group as a whole, because work done by the researchers at CRL was group work undertaken for the benefit of the group as a whole. [read post]
29 Oct 2019, 6:06 pm by Kevin LaCroix
As discussed below, the new lawsuit is the latest example of the way in which transformative changes arising from climate change can lead to directors’ and officers’ liability litigation. [read post]
29 Oct 2019, 8:27 am
” Patently-O explores their effects on the U.S. [read post]
29 Oct 2019, 7:23 am by Steve Lubet
Sixteen men were held responsible for this disaster: eight police officers and eight protestors. [read post]
29 Oct 2019, 2:11 am by Dave
(b) The second point is about the way a reviewing officer treats medical evidence, as against the authority’s own advisors. [read post]