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19 Mar 2021, 3:15 am by Andrew Lavoott Bluestone
Judiciary Law § 487 permits recovery of treble damages in a civil action against an attorney who intentionally deceives the court or a party during the pendency of a judicial proceeding (see Beshara v Little, 215 AD2d 823, 823 [1995]; see generally Amalfitano v Rosenberg, 12 NY3d 8, 14 [2009]). [read post]
16 Mar 2021, 3:57 am by newgenblog
The district court also erred in declining to consider whether Bayer’s filing of a petition with the USPTO to cancel Belmora’s FLANAX registration tolled the statute of limitations applicable to its California state-law unfair competition and false advertising claims The case was remanded for the district court to determine whether Bayer’s Section 43(a) claims were barred by laches, whether its state-law claims were time-barred, and to make any necessary further… [read post]
The Board also did not abuse its discretion by granting the petitioner’s motion for entry of default judgment and cancellation of the respondent’s SPROUT registration as a sanction for repeated discovery abuses (Corcamore, LLC v. [read post]
10 Mar 2021, 3:26 am by Chukwuma Okoli
The relevant portion of their agreement reads as follows: “ARTICLE 12 GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction. [read post]
5 Mar 2021, 1:45 pm by Ernesto Falcon
Trinko, LLP, and Credit Suisse Securities (USA) LLC v. [read post]
5 Mar 2021, 7:30 am by Gene Takagi
(Rashad Robinson, USA Today) ‘Payback’s A B****’ (Code Switch) Golden Globes’ History of Snubbing Black Actors, Spike Lee Says ‘Put Sistas and Brothers On That Wall’ (Clayton Davis, Variety) The post Nonprofit Tweets of the Week – 3/5/21 appeared first on Nonprofit Law Blog. [read post]
At minimum, the appellate court said, Redbubble could have “used” the coach’s persona for commercial purposes by advertising the products bearing his image (The Ohio State University v. [read post]
Another topic to evaluate is how patent protection strategies are pursued in parallel to clinical and commercial activities related to COVID-19 vaccines, diagnostics, and therapeutics (for example, the authors of a recent Lancet paper about the Sputnik V vaccine are named as inventors in a series of Russian patent documents published between May and September 2020 and in a PCT application published in January 2021). [read post]
24 Feb 2021, 8:23 am by Jayne Ponder
 As Justice Thomas reflected in his recent statement on the denial of certiorari in Malwarebytes, Inc. v. [read post]
24 Feb 2021, 12:38 am by CMS
This is the effect of R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, a judgment handed down on 5 February 2021. [read post]
23 Feb 2021, 2:08 pm by Kevin LaCroix
App. 4th 750 (2009) (“where the policy provides that special coverage for a particular type of claim is conditioned on express compliance with a reporting requirement, the time limit is enforceable without proof of prejudice”); but see Petrosantander (USA), Inc. v. [read post]