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27 Feb 2014, 3:08 am by Andrew Trask
And for those defense lawyers, the first part of Professor Engstrom’s article is the most immediately useful. [read post]
27 Feb 2014, 3:08 am by Andrew Trask
And for those defense lawyers, the first part of Professor Engstrom's article is the most immediately useful. [read post]
26 Feb 2014, 1:04 pm by Matt Danzer
Appellate Exhibit 190, a defense motion for the Commission to consider the defense expert request in camera, ex parte and to compel the Convening Authority to fund a jury consultant. [read post]
25 Feb 2014, 8:46 am by Eric S. Solotoff
  If you file a clear enforcement motion, should a court grant part of the other side’s knee jerk, bogus cross motion, just to give everyone a little something? [read post]
25 Feb 2014, 6:37 am
  So, of course we want to share with our readers H.R. ex rel. [read post]
24 Feb 2014, 7:51 pm by Nikki Siesel
However, in ex parte examination with the USPTO the determination of likelihood of confusion commonly focuses on the marks in their entireties with regards to visual similarities, sounds, connotations, and commercial impressions. [read post]
24 Feb 2014, 5:12 am by Rebecca Tushnet
  The fact that the agency considered only Hain’s ex parte submissions further indicated its informality. [read post]
24 Feb 2014, 4:30 am by Juan C. Antúnez
Because this kind of work is a minefield of potential liability for lawyers, no matter how careful you think you are or how lawful your planning advice may be. [read post]
22 Feb 2014, 10:46 am by Venkat Balasubramani
The statutes targeting surreptitious images from dressing rooms and locker rooms—which I think have survived Constitutional challenges for the most partmay provide a good model, but contain a key element that’s not present in the revenge porn equation: the images are captured surreptitiously. [read post]
21 Feb 2014, 8:49 pm
First, we have looked for post-Cybor developments, whether from the Supreme Court, from Congress, or from this court, that may have undermined the reasoning of Cybor. [read post]
21 Feb 2014, 12:33 pm by Heidi Alexander
  Opposing counsel huffed at me, “Were you having ex parte conversations with the judge?! [read post]
21 Feb 2014, 6:00 am by Daniel E. Cummins
 (2) Rule 2.9(A)(4), Ex parte Communications: "A judge may, with the consent of the parties, confer separately with the parties and their lawyers in an effort to settle matters pending before the judge." [read post]
21 Feb 2014, 3:29 am
Third-party registrations and websites demonstrated that these services all may emanate from a single source under a single mark. [read post]
20 Feb 2014, 9:01 pm by John Dean
When Apple objected, Judge Cote stopped Bromwich from having an ex parte communication with her, but she did not end Bromwich’s ex parte communication with the plaintiffs (the Justice Department and thirty-three states), nor did she stop Bromwich from giving the plaintiffs information. [read post]
20 Feb 2014, 10:36 am by Venkat Balasubramani
One wonders about First Amendment-procedural issues that may be lurking at the fringe—e.g., whether the hearing was ex parte and whether the scope of the injunction should have been narrower. [read post]