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15 May 2020, 6:00 am by Terry Hart
Scholastic, Inc. (2d Cir) [PDF] — In a decision published Tuesday, the Second Circuit joined the Ninth Circuit in holding that the registration of a compilation of photographs by someone who holds the rights to the individual works also effectively registers the underlying individual photos where the compilation does not list the individual authors of the individual photos. [read post]
14 May 2020, 11:25 pm by Lawrence B. Ebert
But, while the “ordinaryobserver” test is not an element-by-element comparison, italso does not ignore the reality that designs can, and oftendo, have both functional and ornamental aspects. [read post]
14 May 2020, 2:47 pm
  Total longshot.Now, between you and me, while I'm extremely happy that the opinion comes out the way it does, which I believe to be the right result, I suspect that CashCall will in fact prevail on remand. [read post]
14 May 2020, 8:35 am by Kristian Soltes
AmEx then said in its own brief that it does not oppose final judgment, and thus a pathway to appeal, for the district court’s finding. [read post]
14 May 2020, 7:32 am by Andrew Lavoott Bluestone
., Inc. v Pavloff  2020 NY Slip Op 31005(U)  April 23, 2020 Supreme Court, New York County  Docket Number: Index No. 156855/2019 Judge: Andrew Borrok is a wonderful recapitulation of how “but for” causation, proximate cause, allegations of damage in a pre-answer motion to dismiss should be handled. [read post]
13 May 2020, 1:18 pm by Lawrence B. Ebert
Static Control Components, Inc., 572 U.S. 118 (2014)]and our sister circuits by concluding that whether a partypossesses all substantial rights in a patent does not implicate standing or subject-matter jurisdiction. [read post]
13 May 2020, 4:39 am
In re Nett Designs, Inc., 236 F.3d 1339, 57 USPQ2d 1564, 1566 (Fed. [read post]
13 May 2020, 2:03 am by Schachtman
Rhodia, Inc., 606 F.3d 975, 980 (8th Cir. 2010) (quoting Marmo v. [read post]
12 May 2020, 3:14 pm by Patricia Hughes
They may have a glass of water, but nothing else to eat or drink, unless given permission, may take notes, as long as it does not interfere with the flow of evidence, and have blank paper available. [read post]
12 May 2020, 3:00 pm by Kevin LaCroix
 See Eighth Circuit on Target on Appeal; In re Sketcher’s USA Inc. [read post]