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26 Jun 2020, 2:53 am
Even if Smith J. emphasized that he said nothing of the merits of such an argument, Merpel thinks it is a brave lawyer who advises their client that the patentee can simply rely on the first generic writing a cheque for the loss other generics cause… [read post]
25 Jun 2020, 10:00 pm
But in subsequent decisions, the Court embraced a more nuanced approach: First, in United States v. [read post]
25 Jun 2020, 12:13 pm
First, when information has not been classified before, it may be originally classified if it is related to a topic amenable to classification; the information’s release would, at a minimum, pose a danger to national security; and a government official with original classification authority—that is, the power to say that a piece of information is classified on first review—designates the information as such. [read post]
25 Jun 2020, 8:36 am
The court ordered Judge Sullivan “to grant the government’s Rule 48(a) motion to dismiss” the charge before the judge even considers the merits of that motion, apparently in order to prevent him from convening a hearing on it. [read post]
25 Jun 2020, 7:00 am
I’ll focus mainly on Chief Justice Roberts’ approach to the merits, which closely tracks a theory developed in a brief that I co-authored on behalf of the “D.C. [read post]
25 Jun 2020, 6:29 am
” This decision was outside of AEDPA’s scope and one made on the merits. [read post]
25 Jun 2020, 5:43 am
” First, the AAA Rules “clearly empower an arbitrator to decide issues of ‘arbitrability’ . . . . [read post]
25 Jun 2020, 5:01 am
(For an in-depth overview of self-defense across the use-of-force paradigms, see our first post on this topic.) [read post]
25 Jun 2020, 5:01 am
First, the Commission faces a severe backlog in cases: in June 2019, the Commission had 240 cases pending. [read post]
25 Jun 2020, 3:49 am
A large concern for many patent lawyers following the first instance judgment was the approach that had been taken to the evidence. [read post]
24 Jun 2020, 9:47 pm
First, the context. [read post]
24 Jun 2020, 7:23 pm
Anyway, the actual en banc decision is summarized in the first paragraph by Judge Newsom:Sometimes courts make simple mistakes. [read post]
24 Jun 2020, 5:00 pm
So much for individualism and justice based on personal merit. [read post]
24 Jun 2020, 12:11 pm
So the task is to first determine the closest prior art having knowledge of the invention, to then determine the problem that the invention “objectively” solves vis à vis this closest prior art (again requiring the invention to be known), and then to try to forget the invention completely when judging the third question of obviousness. [read post]
24 Jun 2020, 9:44 am
The post Automation and the future of legal tech appeared first on SCOTUSblog. [read post]
24 Jun 2020, 9:00 am
This appears to be the first time that we have issued a writ of mandamus to compel a district court to rule in a particular manner on a motion without first giving the lower court a reasonable opportunity to issue its own ruling; the first time any court has held that a district court must grant “leave of court” pursuant to Federal Rule of Criminal Procedure 48(a) without even holding a hearing on the merits of the motion; and the first time… [read post]
24 Jun 2020, 8:34 am
Politicians, scholars and jurists on both sides of the aisle have pointed to the elimination of qualified immunity as a means to ensure greater law enforcement accountability in the wake of George Floyd’s tragic death. [read post]
24 Jun 2020, 7:20 am
The first piece on preemption is available here. [read post]
24 Jun 2020, 6:05 am
" Yelp, in particular, provides an opportunity for people to post both negative and positive reviews, stating their opinions and their perceptions of the relative merits of the reviewed service providers. [read post]
24 Jun 2020, 6:00 am
The post Properly Plan Layoffs To Control Workers Comp Costs appeared first on Amaxx Workers Comp Blog. [read post]
