IP Watchdog

JANUARY 12, 2022

In one decision, the Supreme Court will wax poetically about the need to adhere to precedent, and citing stare decisis, and then overrule well-established, 30-year-old Supreme Court precedent. The whim and fancy – and intellectual dishonesty – of the Supreme Court knows no bounds when it comes to patent law.

Precedent 131

Precedent Technology Litigation 131

Legal Dive

JUNE 28, 2024

In a landmark ruling, the justices overturned a 40-year-old precedent and significantly reduced the power of federal agencies to interpret the laws they administer.

Precedent 109

Precedent 109

Attorney at Work

JULY 6, 2021

They don’t care whether the lawyer handled a precedent-setting appellate case. Clients say they choose lawyers based on the lawyer’s experience in the practice area, ability to communicate with them, and the fee structure. Rather, your daily work in the legal trenches handling this type of case is paramount.

Precedent 265

Precedent 265

IP Watchdog

DECEMBER 19, 2022

Patent and Trademark Office (USPTO) under newly appointed Director, Kathi Vidal, and some exciting precedents set in the rapidly evolving area of inventions and art created by artificial intelligence machines, among other developments. Court of Appeals for the Federal Circuit, a flurry of activity from the U.S.

Precedent 139

Precedent 139

Attorney at Work

OCTOBER 19, 2022

Attorneys are fierce factotum warriors armed with quivers of precedents and the ruthless blades of facts. You pay attention to lines of precedent, the evolution of IP law, trends in attorney-client relations, and the precision of your contract language. ” That is not too far off the mark. They are also wildly creative.

Precedent 339

Precedent 339

The Marshall Project

SEPTEMBER 17, 2024

Some defense lawyers fear that conservative justices could overturn this precedent for people facing death sentences.

Precedent 104

Precedent 104

IP Watchdog

SEPTEMBER 9, 2024

The CAFC said the district court erred in concluding at Alice step one that the claims were directed to an abstract idea and distinguished the case from its precedent in Yu v. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion reversing a district court’s invalidation of patent claims challenged by GoPro, Inc.

Precedent 115

Precedent Litigation Technology 115

IP Watchdog

JULY 15, 2024

While obviousness-type double patenting (ODP) has a long history, Supreme Court precedent and common sense make it clear that the time has come to put ODP to rest. The original rationale for it has long passed, and it is a judicially-created exception to the patent statute that cannot stand.

Precedent 111

Precedent Litigation 111

Insurance Journal

SEPTEMBER 23, 2024

Johnson & Johnson’s third effort to end lawsuits claiming its baby powder caused thousands of women to get cancer should be dismissed because it violates US Supreme Court precedent and twists the purpose of the American bankruptcy system, holdout creditors …

Precedent 105

Precedent 105

Insurance Journal

JULY 11, 2024

Bordman has more than a decade in commercial insurance, preceded by years in the U.S. Stacks Insurance Brokerage in Lighthouse Point, Florida, has named Kenny Bordman partner and president of commercial insurance. Army and law enforcement, Stacks said in a …

Precedent 104

Precedent Insurance 104

IP Watchdog

NOVEMBER 11, 2021

Under Ninth Circuit precedent, web hosting services like Cloudflare can be held contributorily liable for assisting in the infringement under the material contribution theory. However, a recent district court decision misconstrued the case law to conclude otherwise in Mon Cheri v.

Precedent 138

Precedent Case Law Litigation 138

IP Watchdog

JANUARY 12, 2022

While all three panelists agreed that the IP waiver discussion has become a distraction that will not solve the fundamental problems, Iancu and Kappos were especially passionate that the precedent set by the U.S. government’s decision to back the proposal could do very real harm, rather than good.

Precedent 124

Precedent Technology 124

IP Watchdog

APRIL 25, 2023

Patent and Trademark Office (USPTO) violated Supreme Court precedent by ruling the patent application ineligible under the Alice/Mayo test. Court of Appeals for the Federal Circuit (CAFC) affirmed the ruling in August 2022. In the petition, Killian claims that the U.S.

Precedent 121

Precedent Litigation 121

IP Watchdog

MAY 16, 2023

patent eligibility law, which generally have to do with a lack of clarity, arguably fostered by many of the Court’s own precedents. The denials make it fairly clear that the High Court is not interested in helping to resolve the current problems with U.S.

Precedent 134

Precedent Litigation 134

IP Watchdog

APRIL 3, 2022

Zaxcom argued that the CAFC’s precedent in Fox Factory, Inc. Court of Appeals for the Federal Circuit (CAFC) for rehearing en banc after the court found its original patent claims unpatentable as obvious. SRAM LLC, 944 F.3d 3d 1366 (Fed. 2019), “confused the law” regarding a rebuttable presumption of nexus.

Rebuttal 119

Rebuttal Precedent Technology Litigation 119

Lawmatics

JANUARY 23, 2024

Legal analytics: AI-driven legal analytics tools provide insights into trends, precedents, and the behavior of judges. The practice of law involves not only the application of legal rules and precedents but also requires complex human skills such as judgment, empathy, ethical reasoning, and strategic thinking.

Legal Research 147

Legal Research Precedent Discovery Case Law 147

Attorney at Work

DECEMBER 22, 2021

I love the smell of precedent in the morning.) Smokeball has an unusual name, to be sure; but, it actually comes from a famous legal case , which just about every substantive law-loving attorney can appreciate. (I Smokeball was founded in 2010 and has been adding useful features for law firms ever since.

Case Management 345

Case Management Precedent Technology 345

Attorney at Work

DECEMBER 8, 2021

For the top chefs, their reputations precede them. A very small number of the world’s greatest chefs, such as Grant Achatz of Chicago’s famed Alinea restaurant, can offer a single, unalterable tasting menu for an astronomical price and pack the house every night. For the other 99.9%

Precedent 313

Precedent Legal Services 313

IP Watchdog

NOVEMBER 13, 2021

Patent and Trademark Office (USPTO) in asserting that it had substantially exclusive use of the mark GALPERTI in the five years preceding its registration. Court of Appeals for the Federal Circuit (CAFC) on Friday, November 12, vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) that had found Galperti S.r.l

Precedent 119

Precedent Litigation 119

Attorney at Work

SEPTEMBER 23, 2021

Depending on your firm’s level of modernization or existing technology, certain solutions should take precedence to help you develop a solid foundation and make the most out of your investment in the shortest time. Legal technology programs aren’t one-size-fits-all. Many, in fact, target specific practice pain points.

Technology 280

Technology Precedent Legal Research Case Management 280

WA Bar News

JULY 10, 2024

Five votes will create a precedent that binds all the courts in our state—and may even bind future iterations of the Washington Supreme Court itself. 11 This forward-looking statement of a legal rule makes sense only if the dissenting justices believed the lead opinion (perhaps together with the concurrence) created binding precedent.

Precedent 119

Precedent Insurance Legal Research Construction 119

Attorney at Work

MARCH 8, 2022

The customer-service mindset comes in the way you communicate that your partner is relying on overturned precedent. When it comes to the law, the partner may not always be right because they haven’t done the most recent research or review of case law.

Mediation 246

Mediation Precedent Depositions Case Law 246

IP Watchdog

MARCH 20, 2022

Now, Zaxcom has petitioned the court for rehearing en banc, arguing that the CAFC’s precedent in Fox Factory, Inc. 9,336,307 for Engineering Emmy® and technical OSCAR award-winning wireless microphone technology were unpatentable as obvious, but upheld the substitute claims Zaxcom had proposed. SRAM LLC, 944 F.3d 3d 1366 (Fed.

Rebuttal 105

Rebuttal Precedent Technology Litigation 105

Law Sites

APRIL 10, 2024

Automatically extract relevant precedents, deal points, and insights on opposing counsel from their documents, including seeing what a counterparty’s counsel has agreed to in the past. Make it easy for lawyers to find deal precedents comparable to current deals and, unlike manual databases, ensure the data is always up to date.

Real Estate 175

Real Estate Precedent 175

IP Watchdog

NOVEMBER 2, 2021

Court of Appeals for the Federal Circuit (CAFC) accusing the United States Patent and Trademark Office (USPTO) and its management of facilitating the appearance of bias at the Trademark Trial and Appeal Board (TTAB) in favor of Apple, Inc., Apple has now filed its opposition to that motion.

Precedent 115

Precedent Litigation 115

IP Watchdog

AUGUST 10, 2023

A little over halfway through 2023, and nearing the end of the Patent Trial and Appeal Board’s (PTAB’s) fiscal year, we can take stock of an administrative body that is settling into a decade of precedent while big changes still loom.

Precedent 98

Precedent 98

IP Watchdog

JANUARY 15, 2023

Those familiar with recent Patent Office history will recall that Commissioners immediately preceding Hirshfeld included Bob Stoll, Peggy Focarino, John Doll and Nick Godici.

Precedent 115

Precedent Litigation 115

Complex Discovery

AUGUST 6, 2024

This milestone decision by Judge Amit Mehta not only underscores Google’s extensive market dominance but also sets a significant precedent for future antitrust cases against major technology firms. Despite this, the initial ruling sets a critical precedent and may lead to significant changes in how Google operates.

Precedent 111

Precedent Manufacturing Technology Evidence 111

Attorney at Work

JULY 22, 2021

The gold standard of legal writing is that nearly every sentence in the brief has to have a citation, whether it’s to the evidence in the case, or to the legal precedent, statutes and regulations. Legal writing has really specific requirements.

Legal Arguments 246

Legal Arguments Evidence Technology Legal Precedent 246

SW&L Attorneys Blog

SEPTEMBER 5, 2024

10(8) to suspend you for one of the following: For 91 days “if the operator’s record shows the individual has not violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation.” The length of the possible suspension depends on the result of the chemical test and on your driving record. N.D.C.C. §

Precedent 79

Precedent 79

Attorney at Work

DECEMBER 19, 2021

Over at Dictionary.com, “unprecedented” and “hellacious” are up top, while the lexicographers at Oxford opted to ignore precedent and said, “umm, no” to choosing a single “word of the year.”

Healthcare 340

Healthcare Precedent Technology 340

Attorney at Work

MAY 30, 2022

A section’s headers or footers can be the same or different from the preceding section. However, once you’ve inserted the section break, you also need to cut the link between your multiple headers/footers. Each section has its own set of headers and footers.

Exhibits 246

Exhibits Precedent Technology 246

Complex Discovery

AUGUST 20, 2024

The outcome could set significant legal precedents, influencing global efforts to regulate AI-driven abuses and protect vulnerable individuals from online harm. This case, initiated by David Chiu, the elected city attorney of San Francisco, has gained international attention for its potential to set a significant legal precedent.

Legal Precedent 105

Legal Precedent Precedent Subpoenas Technology 105

Complex Discovery

AUGUST 9, 2024

The ongoing legal battle could set new precedents in the enforcement of data privacy standards, emphasizing the urgent need for companies to adopt stringent cybersecurity protocols to safeguard sensitive information. Industry News – Cybersecurity Beat National Public Data Breach Exposes 2.9

Precedent 108

Precedent Technology 108

IP Watchdog

APRIL 17, 2023

As we stand here today, we have no precedents, case law or customs as to what those procedures will be.” He stressed that it is an amalgam of existing procedures: “In the UPC those procedures will surely come to have their own character and usage.

Precedent 86

Precedent Case Law Litigation 86

Complex Discovery

JULY 9, 2024

The outcome of this battle could set a critical precedent for how regulatory agencies engage with the rapidly evolving crypto market, impacting cybersecurity, information governance, and eDiscovery professionals.

Defense Strategy 122

Defense Strategy Precedent Discovery Depositions 122

E-Discovery LLC

JULY 5, 2024

The Court recited precedent which acknowledged that “movies and tapes are easily manipulated, through such means as editing and changes of speed, to produce a misleading effect….” Many other issues were addressed in the 55-page unreported opinion. _ [1] This opinion may not be cited as precedent within the rule of stare decisis.

Evidence 130

Evidence Witnesses Cross-Examination Precedent 130