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9 Mar 2010, 1:32 pm by Rebecca Tushnet
Some are clearly infringing, and others have a fair use defense. [read post]
4 Mar 2010, 8:49 pm by Ronald K.L. Collins
”  It’s an old saw, one Holmes invoked in his cramped opinion in Frohwerk v. [read post]
25 Feb 2010, 11:18 am by Beck, et al.
That sounds almost exactly like the claim made against the defendants in the Bone Screw litigation – and which, when presented as a state-law claim, was unanimously held preempted in Buckman Co. v. [read post]
23 Feb 2010, 7:18 pm by David Bernstein
And I’ve never gotten over just how ridiculous his reasoning was in his dissent in Texas v. [read post]
19 Feb 2010, 2:06 pm
According to the City of New York, the vendor’s failure to report Jenkins Act information to the State of New York prevented the City from acquiring the information it needed to collect “tens if not hundreds of millions of dollars a year” in tobacco tax revenue from City residents who had failed to pay the tax.Proximate CauseIn Holmes v. [read post]
18 Feb 2010, 9:11 am by Russell Jackson
Continuing that long line of cases rejecting claims by third party payors seeking to recover sums paid for medicines that allegedly were promoted for off-label uses is Southeast Laborers Health & Welfare Fund v. [read post]
31 Jan 2010, 10:07 pm by David Bernstein
The use of this feed on other websites breaches copyright. [read post]
27 Jan 2010, 7:40 am by Tim Von Dulm
 Have you ever wanted to read the actual appellant’s brief submitted by Thurgood Marshall in Brown v. [read post]
25 Jan 2010, 3:51 am
Solution: Patent Expiration Challenge (12:01 Tuesday) Wikipedia references increase in US patents (IP Osgoode) The PCT task force (IP Frontline) Ex parte Gutta: A new test for evaluating the patentability of algorithms (Found Persuasive) Fostering Innovation in China and the US for the 21st century (China Law Blog) Defective appeal briefs (Patently-O) Resurgence of the need for opinions of counsel (IP Frontline) Attorneys offer advice on Bilski, with a side of Mayo (Technology… [read post]
18 Jan 2010, 2:32 pm by Shawn Eady
Holmes, 193 P.3d 821 (Colo. 2008), a homeowner brought an action against the manufacturer of a defective Entran II hose used in an embedded heating system. [read post]
9 Jan 2010, 11:03 pm by Eugene Volokh
It probably explains the continued soundness of Justice Holmes' statement that "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [read post]