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15 Jul 2020, 7:04 am by Andrew Hamm
United States 19-1362Issues: (1) What test, if any, should be used to determine whether a constructive amendment impacted a defendant’s substantial rights under Federal Rule of Criminal Procedure 52(b); and (2) what showing is required to determine whether a constructive amendment is “plain” error under Rule 52(b). [read post]
15 Jul 2020, 3:23 am by Sophie Corke
The Fashion Law reported on a recent US case - involving Tom Ford lipstick, a photo on Cardi B's Instagram, XXL magazine, and the photographer who originally took the photo - in which the matter was determined to be fair use.PatentsThe CJEU's judgment in Case C-673/18 Santen to abolish SPCs for new therapeutic applications, following the Advocate General's recommendation to reverse its prior finding in Case C-130/11 Neurim, has attracted significant commentary,… [read post]
Nor did the Board err by considering design drawings submitted by the review petitioner as proof of design elements that were known in the art at the critical time of the challenged patents (B/E Aerospace, Inc. v. [read post]
12 Jul 2020, 5:24 pm by Robert L. Abell
It also appears to run afoul of the analysis in United States v. [read post]