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10 Jan 2019, 8:00 am by Eric Caligiuri
Under pre-AIA, the juxtaposition between § 102(a) and § 102(b) effectively created a one-year grace period for a patent applicant to file a patent application even after the inventor disclosed information about an invention to the public as long as it was not done via a printed publication. [read post]
10 Jan 2019, 7:50 am by Rechtsanwalt Martin Steiger
Die Keynote wird die deutsche Bürgerrechtlerin und Netzaktivistin Katharina Nocun halten. [read post]
9 Jan 2019, 7:38 pm by David Kopel
But under HR8, neighbor A can only store neighbor B's guns if both persons go to a gun store, fill out extensive paperwork for each and every gun to be stored, pay per-gun fees to the government and the gun store, and then repeat the process when the firearms are returned. [read post]
9 Jan 2019, 7:07 pm by Jean O'Grady
Today I am launching a new “Hits and Misses” survey which will replace the annual “Start Stop” Survey. [read post]
9 Jan 2019, 9:24 am by Keenan Adamchak
Section 334(b) of the Communications Act of 1934, as amended (the “Act”), requires the Commission to conduct a mid-term review of broadcast stations’ employment practices. [read post]
9 Jan 2019, 9:00 am by David Oxenford
 One of the specific issues to be reviewed is the requirement that, if an applicant receives a “307(b) preference” for serving areas that have no noncommercial service or service from only one other noncommercial station, the applicant cannot change transmitter sites where it would lose service to some or all of the areas of proposed coverage for which it received a preference, even if that lost service is made up by service to new noncommercial white or grey areas. [read post]
9 Jan 2019, 7:00 am by Greg Mersol
The court of appeal noted that many of these issues come down to the question of predominance under federal Rule 23(b)(3) or its state law equivalent. [read post]
9 Jan 2019, 7:00 am
Ontario’s cannabis retail authorization lottery guidelines place an onerous process on winners and only large, well-financed and established players will be able to handle it, say lawyers in the cannabis sector. [read post]
9 Jan 2019, 5:55 am
In delving into what did and didn't happen during service, we often come across the scenario where the party to be served used to live at address A but moved to address B, and service was made at A. [read post]
9 Jan 2019, 12:28 am by Carolina Pina
Lack of distinctive character or reputation of an earlier trademark will preclude a declaration of invalidity of a registered trademark: In other words, an application for a declaration of invalidity on the basis of an earlier trademark will not succeed if the earlier trademark, on the filing date or priority date of the contested trademark: may be declared invalid due to lack of distinctive character, due to it being descriptive or generic, unless it has acquired distinctive character as a… [read post]
8 Jan 2019, 8:13 pm by Glen C. Hansen
  As to standing, the District Court responded that although it will “revisit all of the elements of standing after the factual record has been fully developed at trial,” plaintiffs had sufficiently shown facts supporting standing for summary judgment purposes because (a) plaintiffs provided numerous examples of injuries allegedly resulting from climate change, despite the widespread nature of those injuries that are not particularized to these plaintiffs; (b) plaintiffs… [read post]
8 Jan 2019, 5:32 pm by Mike Mireles
The guidance describes proper application of means-plus-function principles under § 112(f), definiteness under § 112(b), and written description and enablement under § 112(a).These guidance documents have been issued concurrently to ensure consistent, predictable, and correct application of these principles across the agency. [read post]
8 Jan 2019, 2:42 pm by Kevin LaCroix
Hochfelder case in 1976 had inferred the scienter requirement for Rule 10b-5 actions not based on the language of Rule 10b-5 but based on the meaning and requirements of Section 10(b), on which Rule 10b-5 is based. [read post]
8 Jan 2019, 2:38 pm
(Pix credit here)Especially since the start of international efforts to create a single comprehensive treaty for business and human rights (see, e.g., here, here, and here), states have started to adopt legislation that regulates some aspects of the human rights effects of economic activity. [read post]
8 Jan 2019, 2:31 pm by Chris Castle
  However, this “gotcha” is used by SiriusXM and others to avoid paying great American artists whose records were released before 1972—jazz, R&B and rock legends get nothing. [read post]
8 Jan 2019, 7:08 am by Greg Mersol
The court next looked to whether a class should have been certified at all, focusing (as most courts do in this context) on Rule 23(b)(3)’s predominance requirement. [read post]