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4 Dec 2014, 7:53 am by Ronald Mann
The second of the Court’s trademark cases this week was Hana Financial, Inc. v. [read post]
7 Oct 2019, 3:54 pm by Ronald Mann
” Finally, the justices seemed well aware that denying fees to the government in this case would not upset the system: Stewart accepted Ginsburg’s estimate (taken from the decision of the lower court) that the PTO would need to raise the fees for each applicant only $1.60 if the Supreme Court adopted a firm rule against awards of attorney’s fees. [read post]
10 Sep 2019, 4:32 pm by David Faustman
“Unconscionability” is alive and well, as last week the California high Court renewed its 30-year running dog fight with the U.S. [read post]
19 Dec 2013, 4:56 pm
 Priority is a good thing but only if you have it, as today's Court of Appeal decision in Novartis v Hospira [2013] EWCA Civ 1663 demonstrates. [read post]
28 Aug 2014, 9:15 am
 It's for the judiciary to say whether "arguable but unmeritorious" issues should be raised, as well as to interpret what we exactly mean by that.And that's exactly what the California Supreme Court should do. [read post]
9 Jul 2007, 7:13 am
On the final day of the Term, the Supreme Court decided the case of Leegin Creative v. [read post]
6 Jun 2017, 3:48 am by SHG
While Justice Sonia Sotomayor’s stilted yet pedantic opinion, writing for a unanimous court (without Justice Gorsuch), bogged down in the dreaded textualism of 21 U.S.C. [read post]
29 Oct 2012, 5:20 pm by Joe Mullin
flickr / deltaMike If the Supreme Court is looking for a middle ground in Wiley v. [read post]
8 Aug 2017, 4:00 am by The Public Employment Law Press
Second Circuit Court of Appeals to again consider if discrimination based on sexual orientation is prohibited by Title VIIZarda v Altitude Express dba Skydive Long Island, USCA, Docket No. 15-3775In Simonton v Runyon, 232 F.3d 33,* the Second Circuit said that "[w]hen interpreting a statute, the role of a court is limited to discerning and adhering to legislative meaning. [read post]
29 Jul 2016, 10:00 am
The Court of Appeal handed down its decision yesterday in Hospira v Genentech (with the first instance decision reported by this Kat here). [read post]
12 Feb 2018, 6:35 am by MBettman
On February 6, 2018, the Supreme Court of Ohio handed down a merit decision in Capital Care Network of Toledo v. [read post]
7 Dec 2011, 8:00 am by Ronald Mann
Generic and branded pharmaceutical manufacturers squared off again this week in Caraco Pharmaceutical Laboratories v. [read post]
1 Aug 2019, 2:14 am
Mr Justice Birss particularly followed the approach in Generics v Yeda (IPKat post here) and Warner Lambert (IPKat post here).In Warner Lambert, the Supreme Court considered concept of sufficiency as applied to Swiss-style second medical use patents. [read post]
14 Jun 2021, 8:18 am by Florian Mueller
The judges presiding over the two patent appeals divisions of the Dusseldorf Higher Regional Court made statements last year that suggest they may interpret the new injunction statute in a divergent way from the case law of the Federal Court of Justice, against the clear legislative intent. [read post]