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14 Dec 2016, 2:56 am
 As he put it "[i]f a defendant has in mind a properly reasoned argument that a design is commonplace, he must be aware of prior art, which cannot be obscure, embodying the significant features of that design. [read post]
14 Aug 2014, 2:23 pm
Eli Lilly & Co., 744 F.2d 213, 216 (1st Cir. 1984), more appropriate. [read post]
1 May 2014, 4:50 am by Rebecca Tushnet
Bayer Corp., 727 F.3d 300 (3d Cir. 2013), defendants argued that class certification would be inappropriate because self-identification of a class deprived them of due process rights to challenge individual members’ claims; prevented finality because class members could later assert that fraudulent claims diluted their recovery; and made the class action an inferior mechanism because of the challenges of confirming class membership. [read post]
2 Jul 2010, 4:30 am by Jim Dedman
" We hope defense counsel in that suit, in pleading its statute of limitations defense, quotes the song itself: "Defendant notes that Plaintiff has "[b]een dazed and confused for so long it's not true. [read post]
3 Aug 2020, 6:00 am by Karen Borg and Al Fowerbaugh
Compass Group USA, Inc., 958 F.3d 617 (7th Cir. 2020), where it held that a mere allegation of a violation of Section 15(a) of BIPA, for failing to establish a written retention and destruction policy, was insufficient to establish federal standing. [read post]
27 Oct 2010, 7:24 am by Rebecca Tushnet
“[I]f a customer said she had cancer, the telemarketer was supposed to respond that "cancer is acidosis of the body and Supreme Greens alkalizes the body, and that's what you need, so you really want to take this. [read post]
4 Jun 2012, 12:46 pm by Eugene Volokh
See Love, 216 F.3d at 688 (“Love himself admits that his understanding of the tenets of his belief system are evolving. [read post]