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9 May 2018, 9:40 am by John Elwood
A panel of the Federal Circuit, by a 2-1 vote, read the law narrowly to condition eligibility for CBM review on whether a patent claim itself contains “a financial activity element,” limiting its application. [read post]
15 Apr 2012, 10:15 pm by Leland E. Beck
  OMB does not appear to have completed review of any “significant” rules, but one rule that OMB cleared illustrates a flaw in the transparency of the review process. [read post]
21 Apr 2010, 5:54 am by John Buford
Technologies, LLC (June 27, 2008) (unpublished) (dispute among LLC members), and Maurer v. [read post]
24 Mar 2014, 8:01 am by G. Randolph Rice, Jr.
(e) Waiver of right to appeal.(1) By consenting to and receiving a stay of entering of the judgment as provided by subsections (b) and (c) of this section, the defendant waives the right to appeal at any time from the judgment of guilt.(2) Before granting a stay, the court shall notify the defendant of the consequences of consenting to and receiving a stay of entry of judgment under paragraph (1) of this subsection. [read post]
2 Jul 2015, 6:31 am by JB
United States, 533 U.S. 27 (2001), the Court held that using a thermal imaging device constituted a "search," even though government agents never breached the wall of the defendant's house. [read post]
7 Nov 2021, 4:52 pm by Omar Ha-Redeye
Working from home does not necessarily mean more personal time, and it does not necessarily mean that there will be less work. [read post]
13 Jun 2016, 5:34 am
A complaint does not state a claim for relief where the well-pled facts fail to warrant an inference of any more than the mere possibility of misconduct. [read post]
17 Feb 2013, 5:01 pm by oliver randl
In the decision under appeal it was held that it does, because the subject-matter of claim 1 cannot claim priority from the US application No. 835,799 […]. [read post]
7 Mar 2013, 12:21 pm by Terry Hart
The big question is, what does this mean for copyright policy? [read post]
7 Mar 2013, 12:21 pm by Terry Hart
The big question is, what does this mean for copyright policy? [read post]
1 Nov 2013, 7:00 am by Jens Iverson
In an excellent Lawfare post last month, Does the U.N. [read post]
27 Nov 2023, 9:00 am by Sasha Volokh
"  Judge Haynes avoided that issue, but Judge Ho, dissenting from denial of rehearing en banc, insisted (citing, of course, Schechter Poultry and Carter Coal) that "the Constitution vests legislative power in Congress and does not permit delegation of that power—especially not to private parties. [read post]
9 Jul 2010, 7:55 am by nyinjuries
  Similarly, when major excavation causes damage to adjacent structures, Administrative Code of the City of New York § 27-1031(b)(1) (now Administrative Code § 28-3309.4) imposes liability on an owner and contractor for such damage. [read post]