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8 Jul 2014, 5:10 am
Judge Kelly of the Eighth Circuit, concurring in a case involving testimony by Almonte, highlighted one of the problems with allowing Almonte to testify as an expert based on his experience: Marshal Almonte’s conclusions are not the product of his personal law enforcement knowledge and experience — he did not gather the information about these prayers and beliefs through surveillance, wiretaps, or even interviews of persons involved in this type of drug trafficking. [read post]
27 May 2014, 12:15 am
For Arnold J, the main points that require consideration under this heading were that the hearing officer (a) wrongly distinguished this case from the situation envisaged by Floyd J in Kelly v GE Healthcare in 2009 (ie university practice of typically paying academic inventors a third of exploitation income -- noted very briefly on this weblog here); (ii) failed to take into account the time value of money; (iii) failed to take into account the costs incurred by Professor Shanks in bringing… [read post]
18 May 2014, 2:54 am by SHG
While (c) is uncontroversial, both (a) and (b) appear to need some significant fleshing out. [read post]
16 May 2014, 12:33 pm by Larry
Any other result, according to Judge Kelly, would leave importers without any opportunity for judicial review when Customs misapplies an ADD or CVD order.Here's a question that occurs to me: What if a scope ruling is necessary but it does not happen prior to liquidation? [read post]
26 Apr 2014, 6:23 pm
§ 1115(b)(4), allows a third party to use a trade mark if the use is descriptive and if it does not identify the source or origin of the goods. [read post]
24 Apr 2014, 4:21 am by Kevin LaCroix
On August 20, 2013, JH Kelly LLC, the prime contractor for Hoku in the construction of a polysilicon plant in Pocatello Idaho, sued Tianwei and several former directors and officers of Hoku, alleging fraud, racketeering and other misconduct while JH Kelly was constructing the plant. [read post]
9 Feb 2014, 2:27 pm
  Arnold J found that several uses of 'OCH Capital' infringed the registered trade marks under Article 9(1) (b), concluding that there was a 'manifest likelihood of confusion'. [read post]
7 Feb 2014, 6:09 am
[Thanks to Kelly V for her clear and concise explanation]Original content copyright © InsureBlog [read post]