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28 Feb 2022, 9:40 pm by Florian Mueller
In the end, all that Conti can accuse Avanci of is that it has (after years of hard work) established a successful licensing model, which obviously does nothing to discredit end-product-level licensing, but Conti can't fault Avanci for not granting a license the actual patent holders have never authorized it to grant. [read post]
22 Mar 2019, 4:11 am by Diane Tweedlie
The initial refusal to grant the applicant's main request and auxiliary requests 1 - 3 hinged on whether a particular document (D2) was publicly available at the priority date. [read post]
23 Nov 2016, 6:14 am
’Key signed the Addendum and the trial court entered an order granting formal probation. [read post]
26 Jun 2019, 1:54 pm
An evergreen right permits use of a photo without any time restriction, “on and in connection with the operation, marketing and promotion of the web sites and other properties, owned, operated or powered by Zillow or its authorized licensees. [read post]
16 Dec 2011, 6:13 pm by WOLFGANG DEMINO
We conclude that the trial court abused its discretion and conditionally grant the petition for writ of mandamus.SERVICE CORPORATION INTERNATIONAL OFFICE TOWER IN HOUSTONRelators Service Corporation International and SCI Texas Funeral Services, Inc. [read post]
But even in public health emergencies, Congress did not grant the department unbounded discretion to issue EUAs. [read post]
29 Sep 2017, 12:21 pm
If an action is filed IFP, `the court shall dismiss the case at any time if the court determines that ... the action . . .fails to state a claim on which relief may be granted. [read post]
26 Jun 2018, 11:18 am by Hilary Hurd, Yishai Schwartz
After cataloguing a number of explicit statements by the president (and his advisers) connecting a prospective travel ban with animus toward Islam and Muslims, Roberts seems to gently chide the president. [read post]
29 Nov 2016, 10:54 am by Florian Mueller
After coming to terms with a prohibition on making Internet connections from the courtroom (which prevented me from live-tweeting about the proceedings), I generally enjoyed my visits. [read post]
30 Dec 2016, 4:23 pm by Graham Smith
 Be that as it may, the IP Act grants broad general powe [read post]
1 Feb 2016, 5:47 pm by Law Lady
Contracts -- Fraud in the inducement -- Economic loss rule -- Claim that defendant fraudulently induced plaintiff to join auto-racing team by misrepresenting that defendant was fully funded and did not need plaintiff's money in order to run the team -- Because defendant's fraudulent representations were of a present fact, the fraudulent misrepresentation claim did not merge with plaintiff's breach of contract claim, and was not barred by economic loss rule -- Trial court erred in… [read post]
2 Feb 2024, 2:56 pm by Rebecca Tushnet
In the 19th century, courts start to make these connections w/newfangled tm. [read post]
9 Mar 2015, 6:03 am by Rebecca Tushnet
” Defendants then argued that Marley’s image would have needed to have been used in connection with a separate product or service to constitute an “endorsement. [read post]
3 Dec 2012, 12:39 am by Kevin LaCroix
The memo shows that of the at least 43 companies that experienced negative say-on-pay votes in 2011, at least 15 were hit with shareholder suits alleging, among other things, that the companies’ directors and officers had violated their fiduciary duties in connection with executive compensation. [read post]
4 May 2013, 1:23 pm by Florian Mueller
Microsoft disputes this in the letter it filed yesterday, and the German ruling (granting Motorola the requested injunction) makes clear that Microsoft did make an offer in accordance with the Orange-Book-Standard framework: it offered ten times the MPEG LA pool rate, and the court didn't rule out that this might have been a sufficient royalty, but decided to grant an injunction as it didn't want to rule out either that Motorola could ask for more money without acting… [read post]
6 May 2019, 7:53 am by Rebecca Tushnet
  If 25% of consumers (net of control) are confused or deceived, almost any court would grant relief. [read post]
6 Jul 2011, 1:14 am by Kevin LaCroix
The independent consultant found no wrongdoing in connection with the Capital Asset and US Airways transactions. [read post]
5 Jul 2012, 4:49 am
GAAR may be attracted if this is a case of connected party transaction. [read post]
10 Nov 2014, 4:16 am by Kevin LaCroix
The breadth of this reading suggests that points of overlap between two actions could be very peripheral or even remote and still be sufficient to connect the two as interrelated. [read post]