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1 Feb 2024, 6:00 am
"(T)o allow the government to make documents exempt by the simple means of promising confidentiality would subvert FOIA's disclosure mandate" [cf. [read post]
27 May 2015, 12:05 pm
However, it is clear that, under the circumstances of this case, petitioner was entitled to present further evidence on the issue of disposition (cf., Quintana v. [read post]
21 May 2024, 8:00 am
" Plaintiff's causes of action accrued during Ilion Central's pre-centralization existence (cf. [read post]
30 Jul 2013, 5:01 pm
The Board does not follow this reasoning and essentially endorses the opinion of the OD according to which the Colorado Project K40 all-metal deflector (cf. [read post]
29 Nov 2017, 2:08 am
Therefore, the BGH concluded that in the case at hand the Member state, in which the act of infringement had been committed, was indeed Italy, because the process of publishing the offer had been initiated (“in Gang gesetzt”)on the defendant's German language website in Italy (cf. paragraph 31).Initial comment: this decision will - in all likelihood - make it more difficult to bring trade mark infringement proceedings based on an EUTM in cases of cross border infringements… [read post]
20 Aug 2015, 12:47 pm
(Cf. [read post]
19 May 2016, 7:32 am
Cir. 2014); cf. [read post]
11 Dec 2015, 5:22 pm
The propounded instrument will be admitted to probate, it having been established that it was executed in the manner prescribed by section 21 of the Decedent Estate Law and that at the time of its execution the decedent was of sound mind and free from restraint.The decree to be submitted will include provisions (1) admitting the propounded paper to probate; (2) construing the will as ineffectual to dispose of any part of the testator's property; and (3) granting letters of administration with… [read post]
30 Sep 2014, 12:54 am
” Black's Law Dictionary 1199 (9th ed.2009); cf. [read post]
17 Feb 2017, 7:19 am
Of course lexical definitions are not necessarily legally dispositive (cf. discussions of ‘ordinary meaning canons’ or references to ‘a new jurisprudence of dictionaries,’ in part inspired by the late Justice Scalia’s frequent cites to dictionaries). [read post]
20 Dec 2017, 8:13 am
Cf. [read post]
2 Jan 2016, 10:58 am
Member States would be prohibited from enacting either higher or lower levels of consumer protection than specified in the Directives.Copyright and linking Three more linking cases are on their way to the CJEU, all from Dutch courts: C-160/15 GS Media (a reference from the Dutch Supreme Court concerning a link to an infringing copy of a photograph), C-527/15 Filmspeler (a site blocking case referred by the Central Netherlands District Court; the target site is alleged to have provided a downloadable… [read post]
27 Jun 2023, 7:07 am
Times, Dec. 8, 2002, section 1, p. 1, col. 3 (describing admissions process at Rice University); cf. [read post]
5 Sep 2016, 11:30 pm
The answer on the facts of this case was no - the anonymised data should be disclosed, as Kat friend Eibhlin Vardy (Stephenson Harwood), reports: "Background A large scale randomised clinical trial was conducted by Queen Mary University of London (QM), to assess the effectiveness of four of the main treatments available for those suffering with chronic fatigue syndrome (CFS, also known as known as myalgic encephalomyelitis or ME). 640 patients participated in the… [read post]
5 Feb 2018, 10:08 am
Cf. [read post]
22 Aug 2017, 12:59 pm
(Cf. [read post]
28 Jun 2013, 4:49 am
Following discussion (and mini-poll) with a number of academics at the ATRIP Congress, this Kat realised that there is growing belief that the CJEU, when given the opportunity to do so, would rule that exhaustion does indeed apply to digital works other than software (in a similar sense, see Graham Smith/Cyberleagle's analysis here; cf the diverging approach in the US here). [read post]
26 Sep 2021, 5:15 pm
Cano, 934 F.3d 1002 (9th Cir. 2019); cf. [read post]
12 Mar 2013, 6:01 pm
No reasons were given for justifying the introduction of this objection in appeal proceedings under A 100(b) and/or for explaining why it could not have been submitted in an earlier stage of the proceedings. [3] In its communication pursuant to Article 15(1) RPBA, the board – with reference to the function of an appeal proceedings as established in the case law (cf. [read post]
12 May 2017, 12:56 am
In other words, it is not sufficient to establish a lack of clarity of the claims for establishing lack of compliance with Article 83 EPC 1973; it is necessary to show that the lack of clarity affects the patent as a whole (i.e. not only the claims) and that it is such that the skilled person - who can avail himself of the description and his common general knowledge - is hindered from carrying out the invention (cf. [read post]
