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20 Feb 2012, 3:15 pm by Dennis Crouch
I am not an expert on Texas trade secret law, but the at least the Restatement of Torts is clear that a trade secret “may be a device or process which is clearly anticipated in the prior art. [read post]
8 Sep 2023, 10:50 am by Ozichi Emeziem
[5] Steven Litt, Turkey’s Inquiry into 22 Treasures at the Cleveland Museum of Art Lacks Hard Proof of Looting, Cleveland.com: Arts (May 27, 2012), https://www.cleveland.com/arts/2012/05/turkeys_inquiry_into_22_treasu.html [read post]
2 Feb 2011, 3:15 pm by Dennis Crouch
Although ultimately a question of law, judges often leave the obviousness question for a jury. [read post]
2 Dec 2021, 7:38 am by Kelly Buchanan
– to receive interesting posts drawn from the Law Library of Congress’s vast collections and our staff’s expertise in U.S., foreign, and international law. [read post]
10 Apr 2014, 1:15 am by Anita Davies
  The question posed in Whiston was whether the s 255 power, which provides no right of review by the Parole Board or any other judicial body, is compatible with art 5(4), which reads: “Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. [read post]
1 Feb 2019, 9:27 am by Dennis Crouch
By Another: This gets a little bit tricky, but the baseline law is that a prior art application is “by another” if invented by someone not listed in the later application being challenged. [read post]
For example, the Case Law Book states: According to board of appeal case law (see T 1/80, OJ 1981, 206; T 20/81, OJ 1982, 217; T 24/81, OJ 1983, 133; T 248/85, OJ 1986, 261), the assessment of inventive step has to be based on the objective, not subjective, achievement of the inventor. [read post]
30 Jan 2017, 11:00 am by Tim Wybitul
As a result, it is unclear whether the current draft will be successfully enacted and, if it is, whether it complies with compulsory European law requirements (e.g., art 288 sec. 2 TFEU). [read post]
27 Jan 2015, 9:23 am by Dennis Crouch
As with many areas of patent law, obviousness involves mixed questions of law and fact. [read post]
12 May 2012, 11:01 am by Oliver
Case Law of the Boards of Appeal, 6th edition, 2010, I.D.5). [read post]
18 Jan 2012, 12:00 am
Youngdahl Professor of Social Development at the Brown School at WUSTL.The series is sponsored by the Olin Business School; the Brown School and the Center for Social Development; the Center for the Interdisciplinary Study of Work and Social Capital in the School of Law; the Department of Economics in Arts & Sciences; the College of Arts & Sciences; and the Federal Reserve Bank of St. [read post]
5 Jan 2012, 9:38 am by admin
“For design patents, the role of one skilled in the art in the obviousness context lies only in determining whether to combine earlier references to arrive at a single piece of art for comparison with the potential design or to modify a single prior art reference. [read post]
5 Sep 2007, 7:53 am
Andrews, director of the Birmingham Museum of Art, urgently requested changes in the law and described the plight of five unidentified institutions across the country that had lost donations. [read post]
24 Oct 2012, 7:01 am by Mark M. Campanella, Esq.
Judge Robert Smith outlines that a plain reading of the law defines a “dramatic or musical arts admission charge” as “a live dramatic, choreographic or musical performance. [read post]
30 Aug 2013, 4:28 pm by Megan Carpenter
  Playboy refused to remove the piece and issued its own statement, stating that the company does not believe that “the art installation by Richard Phillips violates any laws, rules, or regulations. [read post]
24 Jan 2012, 6:13 am
By way of background: German copyright law protects live art performances as “artistic works”.The exhibition in question - which had lasted until September 2009 - had displayed a recently unpublished series of black and white photographs taken by Manfred Tischer which showed Mr Beuys during his live art performance of Das Schweigen von Marcel Duchamp wird überbewertet, 1964 (in English: Marcel Duchamp's Silence is overrated, 1964) in the live… [read post]