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15 Mar 2020, 6:46 am
In the absence of direct evidence of copying, such as in this case, the plaintiff can attempt to prove it circumstantially by showing that 1) the defendant had access to the plaintiff’s work and 2) the two works share similarities probative of copying. [read post]
12 Nov 2017, 12:25 pm
FELDMAN, District Judge.Before the Court is the plaintiff's motion to reconsider the Court's Order and Reasons dated August 9, 2017, in which the Court granted defendants' motion to dismiss the plaintiff's complaint for failure to state a claim. [read post]
12 Nov 2017, 12:25 pm
FELDMAN, District Judge.Before the Court is the plaintiff's motion to reconsider the Court's Order and Reasons dated August 9, 2017, in which the Court granted defendants' motion to dismiss the plaintiff's complaint for failure to state a claim. [read post]
27 Dec 2013, 6:00 am
According to Brogan, one way to meet this requirement is by showing that the publicly available information on the website at issue reveals information pertinent to the matter and arguably calls the claims or defenses at issue in the suit into question.The court in Brogan found that the plaintiffs had not met this test. [read post]
27 Dec 2013, 6:00 am
According to Brogan, one way to meet this requirement is by showing that the publicly available information on the website at issue reveals information pertinent to the matter and arguably calls the claims or defenses at issue in the suit into question.The court in Brogan found that the plaintiffs had not met this test. [read post]
8 Aug 2018, 6:11 am
Their expert report tested the scalp protector versus petroleum jelly five times and each time found that the relaxer penetrated the scalp protector after a few minutes, while petroleum jelly lasted 30 minutes. [read post]
24 Jun 2014, 9:39 am
The Court of Appeal directed the superior court to reconsider its ruling in light of Gentry, and the defendant acknowledged that it couldn’t prevail under the Gentry test by dropping its motion to compel arbitration. [read post]
14 Nov 2012, 6:50 am
The plaintiff became di [read post]
17 Apr 2011, 2:12 pm
Contrary to the opinions of plaintiff attorneys, there are valid reasons workers compensation benefits should be denied. [read post]
29 Oct 2012, 9:38 pm
Plaintiffs do not contest that the USDA has statutory authority to conduct sampling and testing; however, Plaintiffs do attack the USDA’s E. [read post]
27 Sep 2018, 2:44 pm
While this language, on its face, may seem to prevent the CCPA from being used as a legal predicate for claims under consumer protection laws like the Unfair Competition Law (“UCL”), similar language has not deterred the plaintiffs’ bar in the past, and there is no question they will be eager to test its limits here. [read post]
27 Sep 2018, 2:44 pm
While this language, on its face, may seem to prevent the CCPA from being used as a legal predicate for claims under consumer protection laws like the Unfair Competition Law (“UCL”), similar language has not deterred the plaintiffs’ bar in the past, and there is no question they will be eager to test its limits here. [read post]
2 Nov 2021, 8:29 am
In ruling on the class certification motion, however, the Whirlpool court determined one model failed the “no reasonable juror” test. [read post]
7 Sep 2012, 3:23 pm
Id.To get around TwIqbal, the plaintiffs in Ali trotted out Hofts v. [read post]
2 Mar 2023, 3:30 am
And it was not, as some have claimed, launched as a test case to establish standing for environmental groups or the entities themselves, the possibility William O. [read post]
15 Apr 2012, 3:48 pm
That test requires a court to find that a state's assertion of personal jurisdiction violates the Due Process Clause on the basis of a give factor balancing test, which refers to the defendant's interest, the plaintiff's interest, the interest of the forum, judicial efficiency and economy, and substantive policy concerns. [read post]
19 Dec 2010, 4:35 pm
That test requires a court to find that a state's assertion of personal jurisdiction violates the Due Process Clause on the basis of a give factor balancing test, which refers to the defendant's interest, the plaintiff's interest, the interest of the forum, judicial efficiency and economy, and substantive policy concerns. [read post]
6 Sep 2009, 6:40 am
That test requires a court to find that a state's assertion of personal jurisdiction violates the Due Process Clause on the basis of a give factor balancing test, which refers to the defendant's interest, the plaintiff's interest, the interest of the forum, judicial efficiency and economy, and substantive policy concerns. [read post]
15 Jun 2023, 9:01 pm
Plaintiffs in AI-generated work cases may, depending on the circumstances, be in a position to fairly argue that the use of the artist’s name and/or trademarks in connection with the AI-generated work serves as a designation of source, thus foreclosing the application of the Rogers test at all. [read post]
27 Feb 2007, 12:45 pm
" Thus, the district court erred in applying prosecution history estoppel Function-Way-Result: The standard test for infringement under the doctrine of equivalents requires that each element of the asserted claim either be infringed literally or under the DOE. [read post]
