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20 Jul 2015, 9:37 pm
Court of Appeals for the District of Columbia Circuit ruled on two regulations implemented by the Centers for Medicare and Medicaid Services (CMS) under the federal Stark law (Stark) in 2008. [read post]
19 Feb 2020, 6:45 am
On appeal, the D.C. [read post]
24 Mar 2011, 8:41 am
Apotex’s distinctions are unavailing: merely styling their appeal as a conditional cross-appeal does not distinguish TypeRight. [read post]
22 Mar 2018, 2:20 pm
(Unfortunately, the article does not include links to the amicus briefs.) [read post]
31 Mar 2022, 2:04 pm
” So what in the world does that mean? [read post]
13 Oct 2017, 3:01 pm
Court of Appeals for the Second Circuit in Zarda v. [read post]
5 Sep 2023, 7:37 am
www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP. [read post]
6 Mar 2011, 9:58 am
[JURIST] The US Court of Appeals for the Third Circuit [official website] on Friday ruled [opinion, PDF] that barring convicted felons from possessing firearms does not infringe upon their constitutional rights. [read post]
1 Jun 2018, 2:15 am
In In re ZTE (USA), No. 2018-113, the court addressed two of the most common issues dogging appeals over the application of § 1400(b): whose law governs burden, and where does that burden lie. [read post]
21 Nov 2016, 8:03 pm
" For the purpose of determining whether a CBM review is to be instituted, the USPTO's Patent Trial and Appeal Board (PTAB) considers "whether the patent claims activities that are financial in nature, incidental to... [read post]
5 Aug 2015, 9:59 pm
By Andrew Williams -- Earlier this week, we noted that parties wishing to challenge IPR Final Written Decisions from the PTAB on appeal to the Federal Circuit would face an uphill challenge. [read post]
15 Nov 2010, 12:53 pm
The Court of Appeals of New York [official website] held [opinion, PDF] that the exclusionary rule does not bar police from... [read post]
19 Aug 2016, 9:42 am
The question in the case is a legal one: does it make sense to consider animals to be authors in order to achieve the purposes of the Copyright Act? [read post]
24 Apr 2023, 12:15 pm
Vidal, which asked the Court to consider the question: “Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone? [read post]
26 Apr 2024, 2:22 pm
Clearly.But if you want to order restitution, you've got to do so before the two-year (or whatever) mental health diversion is over and you're about to dismiss the charges.Not after.So holds the Court of Appeal, reversing the trial court.Again: An easy decision to follow, as long as you know of it.Which now everyone (hopefully) does. [read post]
14 Jul 2020, 5:28 pm
New Partners In addition, three attorneys have been named partners in the firm: Jennifer Ruby, who does general civil litigation, business litigation and appeals. [read post]
25 Oct 2022, 12:36 pm
Court of Appeals for the Eleventh Circuit recently held that a bank did not perfect its security interest in a business debtor’s assets because the two UCC-1 Financing Statements filed with the Florida Secured Transaction Registry that failed to correctly name the debtor were “seriously misleading” under Florida Statute Section 679.5061(2), as the Registry does not implement a “standard search logic” necessary to trigger the safe harbor exception set… [read post]
5 Nov 2014, 4:00 am
The court stayed its injunction until Nov. 11 to give defendants time to appeal to the 10th Circuit. [read post]
15 Oct 2020, 9:15 am
Noting that trade dress protection does not extend to functional or useful features, and there was no dispute that Pocky's design was useful, the Third Circuit explained that the trade dress was invalid and “[t]hat’s the way the cookie crumbles. [read post]
10 Jun 2015, 1:40 pm
Supreme Court, circuit courts of appeal, and district courts. [read post]