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17 Mar 2024, 10:34 am by Dennis Crouch
There are rare patent cases that challenge the validity of the patent statutes or the way those statutes are applied by the PTO (e.g., Apple v. [read post]
17 Mar 2024, 9:26 am by Eleonora Rosati
The notion of ‘substantial taking’ should not be intended in a quantitative sense (see as early as Designers Guild).In light of the CJEU decision in Infopaq (which, before being a case about originality, is a case about infringement and remains good law even in post-Brexit UK) it is apparent that there is “substantial taking” of a work when what is being reproduced is sufficiently original in the sense of being its author’s own intellectual… [read post]
17 Mar 2024, 7:59 am by Jocelyn Bosse
The judgment of Justice Beach in Societe Civile et Agricole du Vieux Chateau Certan v Kreglinger (Australia) Pty Ltd [2024] FCA 248 found that there was no damage, and therefore passing off was not established. [read post]
17 Mar 2024, 6:00 am by Mary B. McCord
Mary McCord is one of the counsel representing former superintendent of the New York Department of Financial Services Maria Vullo in National Rifle Association v. [read post]
16 Mar 2024, 5:39 pm by Russell Knight
,” and then hand the witness a document stating what the lawyer would like the witness to say. [read post]
16 Mar 2024, 4:04 pm by David Bernstein
Quoting an article by Felix Frankfurter from 1916, and also citing Ernst Freund, Post states that Progressives had repudiated Lochner v. [read post]
16 Mar 2024, 6:16 am by Don Chen
Rather than being overridden or coerced, these companies exercised independent judgment. [read post]
15 Mar 2024, 7:12 pm by David Greene
In a case being heard Monday at the Supreme Court, 45 Washington lawmakers have argued that government communications with social media sites about possible election interference misinformation are illegal.Agencies can't even pass on information about websites state election officials have identified as disinformation, even if they don't request that any action be taken, they assert.Yet just this week the vast majority of those same lawmakers said the government's… [read post]
15 Mar 2024, 5:15 pm by Josh Blackman
 To the extent the Judicial Conference guidance purports to address this problem it only states that the JS-44 Civil Cover Sheet should state "the remedy sought has implication beyond the parties before the court or that the case seeks to bar or mandate statewide or nationwide enforcement of a state of federal law. [read post]
15 Mar 2024, 9:40 am by Richard A. Morehouse
Despite being a national leader in office to residential conversions, Downtown’s reported office occupancy rate is best described as being in a state of transition. [read post]