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7 Mar 2018, 8:33 pm by Lawrence B. Ebert
A’ppx 358, 363 (Fed.Cir. 2008) (“Under the principles of stare decisis and theSupreme Court’s guidance in Markman, this court followsthe claim construction of prior panels absent exceptionalcircumstances. [read post]
26 Oct 2010, 12:33 pm by Rebecca Tushnet
The court analogized to PPX Enters., Inc. v. [read post]
21 Aug 2014, 10:38 am by Bruce Colbath
On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham Act.[1] 1. [read post]
21 Aug 2014, 10:30 am by Bruce Colbath
On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham Act.[1] 1. [read post]