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4 Sep 2014, 1:00 am
The concept of common general knowledge (CGK) occupies a more prominent position in the UK’s inventive step regime than it does in the European Patent Office's (EPO) problem-and-solutionapproach or the classic U.S. analysis in Graham v John Deere. [read post]
19 Jun 2024, 4:05 pm by Lawrence Solum
This new understanding could be particularly troubling in the field of state and local taxation. [read post]
30 Mar 2017, 7:28 am
"  And further, the Board noted as an aside (obiter dicta) that the County's tree by-law does not actually restrict a "normal farm practice" to the extent that straightening a field is a normal farm practice. [read post]
27 Nov 2010, 12:13 pm by Tobias Thienel
 Bayatyan therefore illustrates a fundamental issue in the methodology of the European Court of Human Rights: If the interpretation of the Convention is to be influenced by the common practice in the field of human rights of European States (which it is), where does such influence stop? [read post]
11 Feb 2007, 2:34 am
Further to global warming (and Massachusetts v. [read post]
30 Jan 2017, 5:11 pm by Kenneth Vercammen Esq. Edison
Specialists in a field of medicine represent that they will have and employ not merely the knowledge and skill of a general practitioner, but that they have and will employ the knowledge and skill normally possessed and used by the average specialist in the field. [read post]
30 Jan 2017, 5:10 pm by Kenneth Vercammen Esq. Edison
Specialists in a field of medicine represent that they will have and employ not merely the knowledge and skill of a general practitioner, but that they have and will employ the knowledge and skill normally possessed and used by the average specialist in the field. [read post]
12 Oct 2020, 8:44 am by Eric Goldman
I’m not sure why the court dismissed the case on duty rather than causation grounds, but the uncited Fields v. [read post]
1 Mar 2012, 3:10 am by Jon L. Gelman
Though they agreed that the design-defect claim was preempted by the LIA, they concluded that the failure-to-warn claim was not preempted because the field defined in Napier differently today because recent cases have regularly rejected the field preemption doctrine when statutory language does not contain an express preemption clause. [read post]
10 Jan 2017, 12:22 pm by Camilla Alexandra Hrdy
The first problem, of course, is that Congress does not really ever preempt state law when it creates a federal IP regime. [read post]