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9 Jun 2011, 12:18 pm
Nothing in section 282's text suggests that this standard should be departed from in these circumstances and indeed the Supreme Court has applied the clear and convincing standard irrespective of whether the prior-art evidence has been before the PTO examiner (Smith v Hall).Despite both camps, especially i4i's, extensive policy arguments advancing their respective positions, the Supreme Court stated that the Court was in "no position to judge the comparative force of… [read post]
9 Jun 2011, 11:02 am by Scott A. McKeown
They claim that the heightened standard of proof is an essential component of the patent “bargain,” see Bonito Boats, Inc. v. [read post]
6 Jun 2011, 9:02 am by Gene Quinn
In a blow to the convention wisdom of Supreme Court patent-watchers, the Supreme Court actually affirmed the United States Court of Appeals for the Federal Circuit. [read post]
1 Jun 2011, 6:26 am by David Bernstein
Ferguson, which gave us the racial doctrine of “separate but equal,” the case of Lochner v. [read post]
29 May 2011, 3:05 pm by Andrei Mincov
Abolishing human rights codes and similar anti-discrimination laws should be at the top of the agenda of anyone who believes that free individuals can govern themselves through their values and personal responsibility and that they do not need the machinery of the state to scare them into obedient compliance with arbitrary rules, even if these rules are seemingly benevolent. [read post]
24 May 2011, 12:50 pm by David Bernstein
” I conclude that this jurisprudence was primarily a reflection of a natural rights tradition that suggested that the states’ police power had inherent limits.Chapter 2: Paul Kens’s book on Lochner v. [read post]
23 May 2011, 8:44 am by Edward Craven, Matrix Chambers.
This was the riddle that recently occupied a nine-judge panel of the Supreme Court in R (Adams) v Secretary of State for Justice [2011] UKSC 18. [read post]
20 May 2011, 9:23 am by Kiera Flynn
” Gun rights groups have filed an amicus brief in support of the federal government’s petition for certiorari in United States v. [read post]
19 May 2011, 11:58 am by Michael J.Z. Mannheimer
  But if each State is equally divested of power, arguably Article V is not violated because each State still has "equal Suffrage in the Senate," i.e., no suffrage at all. [read post]
17 May 2011, 4:05 am by Jeff Marshall
  Hopefully, States will see the wisdom of Administrator McGreal’s suggestion that the reverse half a loaf treatment makes sense. [read post]