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30 Jun 2009, 1:57 am
Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957) holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. [read post]
29 Jun 2009, 10:45 pm
Precedential No. 13: TTAB Axes Fender Guitar Shapes, Finding Them Generic or Lacking Acquired DistinctivenessOwnership:Pam Chestek Ponders the Transfer of Common Law Trademarks under State LawTTAB Affirms Rejection of SOU filed by Assignor After AssignmentTTAB Resolves Santana's Ownership Dispute, But Pamela Chestek is DissatisfiedTTAB Finds No Trademark Rights in OEM Who Applied "WASTEMAID" Mark at Others' DirectionPriority:Precedential No. 16: TTAB Throws New England… [read post]
22 Jun 2009, 12:57 pm
This still leaves open the possibility that a district court will reject a 230 defense to a 12b6 motion, although I think the better result is that 230 can support a 12b6 motion as the Gibson v. [read post]
21 Jun 2009, 10:00 pm
(ITC 337 Law Blog) Academic perspectives on issues raised in Bilski case (IP Osgoode) Star Scientific teaches a valuable lesson to all IP share investors (IAM) US Patents – Decisions CAFC: Appealing BPAI rejections to the Federal Circuit: In re Baggett (nonprecedential) (Patently-O) CAFC: Preliminary injunctions and obviousness in design patent law: Titan Tire Corp v Case New Holland, Inc (Patently-O) District Court N D Illinois: Post-filing assignment cannot create standing:… [read post]
28 May 2009, 11:26 am
Gibson, 355 U.S. 41 (1957), interpreted Rule 8 as precluding the dismissal of a complaint for failure to state a claim (meaning that the complaint was inadequately pleaded on its face) "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. [read post]
6 May 2009, 1:22 am
The winning argument, made by ValueClick's lawyers at Gibson, Dunn & Crutcher, was that Hypertouch's state law claims were pre-empted by the federal CAN-SPAM Act because Hypertouch had not demonstrated fraud or deception. [read post]
10 Apr 2009, 2:36 am
" On March 11, 2008, Activision brought an action in the United States District Court for the Central District of California, entitled Activision Publishing, Inc. v. [read post]
3 Apr 2009, 9:46 am
     Instead of acceding to Gibson’s demands, Activision filed a pre-emptive request for declaratory relief with the United States District Court for the Central District of California (Activision Publishing, Inc. v. [read post]
3 Apr 2009, 3:49 am
Mar. 24, 2009)Affirming dismissal of White cops' 2003 race/layoff claims based on a 1973 Consent DecreeFantini v Salem State College, No. 07-2026 (1st Cir. [read post]
1 Apr 2009, 3:00 am
Following the release of any opinions, the Court will hear argument in Polar Tankers, Inc. v. [read post]
25 Mar 2009, 6:00 am
Theodore Boutrous of Gibson Dunn & Crutcher  argued for Wal-Mart. [read post]