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Judge Michel Implores Full CAFC to Fix ‘Fuzzy’ Rebuttable Presumption of Nexus Jurisprudence

IP Watchdog

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

Rebuttal 119
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Even a Good Reason for Non-Use May Not Save Your Abandoned Trademark

IP Watchdog

As per the Lanham Act, suspension of use for a consecutive three years may create a rebuttable presumption of abandonment. Continued use of a trademark keeps the trademark alive and makes the trademark right stronger. In the below case, we will analyze the nuances of trademark abandonment from nonuse.

Rebuttal 111
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Zaxcom Asks Full Federal Circuit to Clarify Court-Created Confusion on Presumption of Nexus

IP Watchdog

2019), “confused the law” regarding a rebuttable presumption of nexus. Now, Zaxcom has petitioned the court for rehearing en banc, arguing that the CAFC’s precedent in Fox Factory, Inc. SRAM LLC, 944 F.3d 3d 1366 (Fed.

Rebuttal 105
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Amendments to CR 26 and 30 Will Change Discovery and Deposition Practice

WA Bar News

(ii) Unless these rules impose an earlier deadline, and in no event later than the deadline for primary or rebuttal expert witness disclosures imposed by a case schedule or court order, each party shall identify each person whom that party expects to call as a primary or rebuttal expert witness at trial, state the subject matter on which the expert (..)

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Non-testifying consultants: Does attorney-client privilege apply?

Forensic Psychologist

After the trial judge permitted prosecutors to subpoena their records, the defense was forced to call the two as witnesses in order to keep the prosecution from calling them as rebuttal witnesses. The Georgia Supreme Court ruling is HERE. My prior blog post on the case is HERE. A Fordham Law Review article on this topic is HERE.

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Visualization as a Tool to Enhance Performance: Picture Yourself in the Courtroom

The Successful Lawyer

Visualize your rebuttal. Conclude by imagining your closing argument, packaging the story for maximum impact. See yourself delivering the argument in a strong and confident manner. Hear your opponent giving their argument as well. Feel the exhilaration of a satisfying result.

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Trademarks in 2021: Recounting the Most High-Profile Trademark Developments of the Year

IP Watchdog

The past year has seen the implementation of brand-new trademark legislation, significant analysis of trademark liability for new technologies, renewed focus on the doctrine of initial interest confusion, the transformation of Nikes into “Satan Shoes,” the functionality of chocolate dipped cookies, and the end to a long-running case involving two multi-million (..)