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16 May 2014, 8:58 am
He cited Floyd J in Qualcom v Nokia , who said that “If the apparatus has to undergo physical modification before it can be used, then prima facie it is not suitable for use and does not infringe”. [read post]
1 Mar 2024, 6:12 am by Andrew Lavoott Bluestone
As Rondeau v Houston 2024 NY Slip Op 00987 Decided on February 27, 2024 Appellate Division, First Department, reminds us, relief in Judiciary Law 487 is not “lightly given. [read post]
14 Feb 2015, 3:26 pm by MBettman
  The proper test to use to determine whether probable cause exists to issue a search warrant is the totality of the circumstances test set forth in Illinois v. [read post]
2 Jul 2024, 9:29 am by Eric Goldman
Yost Louisiana’s Age Authentication Mandate Avoids Constitutional Scrutiny Using a Legislative Drafting Trick–Free Speech Coalition v. [read post]
18 Dec 2015, 9:11 am by Stephanie Smith, Arden Chambers
The more unreasonable the result, the more unlikely it was that the parties could have intended it, and if they did intend it the more necessary it was that they should make that intention abundantly clear: Wickman Machine Tools Sales Ltd v L Schuler AG [1974] AC 235, 251; If detailed and syntactical analysis of words in a commercial contract was going to lead to a conclusion that flouted business common sense it must yield to business common sense”: Antaios Cia Naviera SA v… [read post]
12 Dec 2018, 10:47 am by Barbara S. Mishkin
The Bank violated the Regulation V requirement for a furnisher to establish and implement reasonable written policies and procedures regarding the accuracy and integrity of furnished information because the Bank’s policies and procedures were inadequate given the high volume and complexity of its furnishing activities and were not reasonable or appropriate given the nature, size, complexity, and scope of its activities. [read post]
15 Apr 2021, 10:51 am by Dennis Crouch
  Although a number of juries were given fair use questions pre-1791, the court held that our current version of fair use claims its ancestry from the equity rather than common law. [read post]