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31 Mar 2017, 2:20 pm
Said: death of the author/the reader matters at least as much/more. [read post]
31 Mar 2017, 11:22 am
True that plaintiffs often look to compilation as fallback; but usually unprotectable not b/c missed one category but b/c it wasn’t original or was functional. [read post]
31 Mar 2017, 9:08 am
Still get broader scope in TM no matter what b/c of infringement standard. [read post]
31 Mar 2017, 7:49 am
Interaction b/t product similarity and mark secondary meaning. [read post]
31 Mar 2017, 1:51 am
Although the standard of balance of probabilities has occasionally been paraphrased as meaning that one has to assess whether one set of facts is more likely to be true than the other (see T 381/87, OJ EPO 1990, 213, point 4.4.b)), such a literal interpretation of "balance" does not, in the Board's view, properly reflect the long-standing judicial practice of the boards of appeal in determining whether a particular piece of information has become publicly available. [read post]
30 Mar 2017, 4:47 pm
No matter which formula you use, your effective tax rate will always be lower than your marginal tax rate. [read post]
29 Mar 2017, 4:57 pm
The primary policy defined the term “Securities Claim” as a “Claim made against any Insured Person:” (1) alleging a violation of any federal, state, local or foreign regulation, rule or statute regulating securities (including, but not limited to, the purchase or sale or offer or solicitation of an offer to purchase or sell securities) which is: (a) brought by any person or entity alleging, arising out of, based upon or attributable to the purchase or sale or… [read post]
29 Mar 2017, 12:02 pm
While the delivery media may be different, the lack of permanent user copies created from the transmissions is what mattered to the court. [read post]
29 Mar 2017, 10:42 am
B. [read post]
29 Mar 2017, 10:42 am
B. [read post]
29 Mar 2017, 3:49 am
” The high court said it would consider the matter in the fall of 2017, giving the justices a platform to potentially end or limit private lawsuits in these cases. [read post]
28 Mar 2017, 11:09 pm
I have also read many briefs, both practicing law and clerking for Judge James B. [read post]
28 Mar 2017, 5:49 pm
However, when you sell the stock, you do trigger federal income tax – and this is where the strike price matters. [read post]
28 Mar 2017, 9:51 am
They often smugly contend that (a) recovering an original meaning of the text is impossible but also (b) let us now tell you what its original meaning really was, as only we can. [read post]
28 Mar 2017, 8:11 am
(b) With respect to the requirement of inventive step, communication B contained on page 1 an introductory remark to the effect that an amendment of the claims based on the description as originally filed in order to arrive at inventive subject-matter seemed impossible. [read post]
28 Mar 2017, 7:30 am
The answer is yes, given that the present value of one's tax liability from the account is zero, if we assume both (a) that the account just earns normal returns that the taxpayer can't scale up (a la Mark Zuckerberg hypothetically deciding to create two comparably profitable Facebooks rather than just one), and (b) that the taxpayer's marginal rate is the same at the contribution and withdrawal stages. [read post]
28 Mar 2017, 6:22 am
” I don’t see a lot of room for debate here, although the application of the other requirements of Rule 23, of course, remain hotly debated by the courts. [read post]
27 Mar 2017, 1:43 pm
” B. [read post]
27 Mar 2017, 1:31 pm
I don’t normally blog demand letters, but this particular matter would benefit from additional visibility. [read post]
27 Mar 2017, 12:40 pm
And that's a matter of state law -- not something that the federal courts are simply free to ignore. [read post]
