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9 Jul 2024, 4:10 am by Hannah Rigby (Bristows)
As addressed by Richard Meade QC (as he then was) in Fisher & Paykel v Flexicare ([2020] EWHC 3282 (Pat)): if the skilled person is to be derived from the contents of the patent, one cannot create a motivation from a perceived problem in implementing the prior art unless the patent shows how to overcome it. [read post]
5 Nov 2020, 6:10 pm by Marty Lederman
"  As the City noted in its brief, "[h]istorically black colleges do not discriminate, for instance, by establishing programs to 'disproportionately appeal to' black students, provided they are 'open to all on a race-neutral basis' (quoting United States v. [read post]
11 Oct 2007, 2:52 am
Arizona (Phoenix) for the win.US v. [read post]
6 Oct 2014, 4:14 pm by Kent Scheidegger
  That happened today in the argument of Jeff Fisher for the petitioner in Heien v. [read post]
14 Nov 2011, 6:23 am by Joshua Matz
Fisher clarifying the meaning of “clearly established federal law” under AEDPA. [read post]
23 May 2022, 3:58 am by Andrew Lavoott Bluestone
In light of the discretion imparted by the consent form, “the plaintiff[s’] contention that the alleged malpractice resulted in legally cognizable damages is conclusory and speculative inasmuch as it is premised on decisions that were within the sole discretion of the [hospital]” (Bua v Purcell & Ingrao, P.C., 99 AD3d at 848; see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 436; Dempster v Liotti, 86 AD3d at 180; Hashmi… [read post]