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14 Apr 2009, 6:59 pm
For example, in a sample of 46 non-affirmative action Equal Protection Clause cases, Justices Thomas and Scalia voted to strike down the law only twice; whereas in Bush v Gore, they struck down the recount on Equal Protection grounds, and the pair struck down 19 out of 19 regulations in affirmative action cases for violating the Equal Protection Clause. [read post]
12 Apr 2009, 9:00 pm
State, 805 N.E.2d 835, 2004 Ind. [read post]
10 Apr 2009, 8:57 am
Pamela Samuelson of the University of California Law School, and Research Fellow Tara Wheatland, discusses, in depth, various issues regarding statutory damages under the Copyright Act.Among other things, the paper concludes that the State Farm/Gore due process test is applicable to statutory damage awards under the Copyright Act, a position which is consistent with the position taken in the amicus curiae brief filed by the Free Software Foundation in SONY BMG Music Entertainment… [read post]
9 Apr 2009, 9:27 am
(Promote the Progress) N D Illinois one step closer to adopting patent rules (Peter Zura's 271 Patent Blog) Innovate Texas Foundation launched to accelerate state’s IP commercialisation (Technology Transfer Tactics) Special Masters a [read post]
9 Apr 2009, 6:35 am
Norm Coleman will now appeal to the State Supreme Court. [read post]
3 Apr 2009, 7:23 pm
Gore & Assoc (Chicago Intellectual Property Law Blog) District Court N D Ohio: False patent marking may not be false advertising: Rainworks Ltd v Mill-Rose Co (Rebecca Tushnet's 43(B)log) District Court S D New York: infringement of ‘essential’ patent in patent pool: Koninklijke Philips Electronics N.V. v. [read post]
31 Mar 2009, 1:57 pm
  That approach was also affirmed by the current Supreme Court in the ITW v. [read post]
27 Mar 2009, 7:20 am
You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: [duncanbucknell.com]   Highlights this week included: US CAFC: Continuation limits invalid; limits on claims and RCEs are ok: Tafas v Doll (Patently-O) (Law360) (Hal Wegner) (IAM) (Patent Baristas) (Promote the Progress) (Patent Docs) (Patent Docs) (Patent Docs) (IP Spotlight) (Inventive Step) (IP Watchdog) (Washington State Patent Law Blog) (Anticipate This!) [read post]
24 Mar 2009, 3:00 am
On appeal, the appellate court must conduct a review of the award de novo (or anew) pursuant to the "guideposts" enunciated by the United States Supreme Court in BMW of North America, Inc. v. [read post]
17 Mar 2009, 1:54 pm
Daniel SokolHere in the sunshine state, we have not forgotten Bush v. [read post]
5 Mar 2009, 11:41 pm
Gore) that they really are...... if you are intrigued, read on... [read post]
3 Mar 2009, 6:37 am
About a month ago we posted on a New Jersey intermediate appellate decision, Hoffman v. [read post]