Arguing Obviousness: Teaching Away versus an Alternative Approach

by Dennis Crouch Obviousness is the central doctrine of patent law.  It is both the most common reason for rejection and often the most complicated issue because of both factual and legal complexities.  The new Chemours Co. decision provides an important addition to obviousness doctrine in two areas: (1) teaching away; and (2) commercial success.  The majority sided with the patentee and reversed the IPR Board’s single-reference obviousness determination.  The dissent argued that the opinion giv...
Tags: Law, Patent, Board, Newman, Reyna, The Board, Mfr, Federal Circuit, du Pont, Chemours Co, Dyk, PTAB, Daikin, Chemours, Posa, Chemours Company

Coronavirus Update 7–23–2021: We talkin’ bout masks! We ain’t talkin’ bout the vaccine, we talkin’ bout masks.

I'm not proud of this but i just made a scene in public for the first time in my life… I walked into a Starbucks and they asked me to put a mask on! I yelled this is ridiculous, so I turned around and walked out. I know what you're thinking… My first mistake was walking into a Starbucks:)– Actor Kevin Sorbo, on LinkedIn, 7/20/21I came across the post written by the former Hercules actor a couple of nights ago while perusing my LinkedIn feed. Three things came to mind. 1/ I cannot believe more...
Tags: Jon Hyman

Coronavirus Update 7–22–2021: How the ADA and FMLA apply to Covid long haulers

The risks associated with Covid-19 aren't limited to the 625,000 Americans this virus has killed or the 2.3 million hospitalizations. One of the greatest risks comes from the fact that nearly one-third of Covid-19 patients will develop long-haul symptoms that long outlast the actual infection, and further that nearly one-third of all Covid long haulers had asymptomatic Covid cases. These long-haul symptoms can include fatigue, respiratory problems, "brain fog," body aches and muscle pain, abdom...
Tags: Law, Ada, FMLA, Jon Hyman, COVID, Nelson Gono

"The Limits of Retributivism"

The title of this post is the title of this new paper authored by Jacob Bronsther now available via SSRN.  Here is its abstract: "Limiting retributivists” believe that the vagueness of retributive proportionality represents a moral opportunity.  They maintain that the state can permissibly harm an offender for the sake of crime prevention and other nonretributive goods, so long as the sentence resides within the broad range of retributively “not undeserved” punishments.  However, in this essay,...
Tags: Law, Douglas A Berman, Jacob Bronsther

This Biglaw Firm Won’t Require Attorneys To Work A Set Number Of Office Days

Yet another firm bids farewell to the pre-pandemic status quo.
Tags: Law, Biglaw, Quote Of The Day, Katten Muchin, Coronavirus, COVID-19, Law Firm Reopenings

You’re Nobody If You’re Not Settling Some Allegation Of Wrongdoing Before Going Public

No lame-o’s allowed in the cool kids SPAC club.
Tags: Law, Finance, SPAC, ATL Finance, Finance Docket

More Canada-U.S. Pipeline Problems – Michigan’s Push to Shutdown Line 5

The state of Michigan has demanded that a Canadian company, Enbridge Energy Company (Enbridge), close the portion permitted by an easement of its oil pipeline—Line 5—that crosses the Straits of Mackinac, which joins Lake Michigan and Lake Huron. Line 5 is an interstate, interprovincial, and international pipeline, owned and operated by Enbridge. It is used to transport petroleum products from Wisconsin, through Michigan, to Ontario, Québec, and further locations in Canada.[1] Michigan’s Notice o...
Tags: Law, Canada, United States, Alaska, International court of justice, Wisconsin, Michigan, Slovakia, Great Lakes, Biden, Ilm, Administrative Law, Ottawa, Federal Court, Nafta, State

Activision Blizzard sued by California over constant abuse of women employees

Game giant Activision Blizzard is being sued by the state of California, whose lawsuit details a horrifying environment characterized by the constant harassment of women, rape jokes, threats, retaliation, racism and blatant discrimination. At one point Activision Blizzard is described as a "frat house", but that doesn't begin to capture the scale and gravity of the allegations. — Read the rest
Tags: Post, Games, Misogyny, Harassment, News, Law, California, Sexism, Lawsuits, Activision Blizzard, Corporate Culture

A New BC Law for Biodiversity and Ecosystem Health

From proteststo scientific analysis, old growth forests have been much in the news in British Columbia in recent months. What does a legal lens bring to this debate? Past analyses undertaken by West Coast Environmental Law have laid bare the multifaceted ways in which BC’s laws are “hardwired for failure” when it comes to safeguarding the resilience of ecological systems and human communities in the face of cumulative impacts from resource development and climate change. Legal barriers identifie...
Tags: Law, United Nations, Un, British Columbia, Columbia, John Horgan, Justice Issues, Biodiversity and Ecosystem Health, OGSR

"[B]ut there is a ferocious headwind, like having a blow dryer in your face. Everyone runs on the white line, because the asphalt can melt your tennis shoes."

Said one runner, quoted in "'They’re a little crazy’: the ultramarathon runners crossing Death Valley – in a drought" (The Guardian). The race is 135-miles long, to be completed within 48 hours. Death Valley reached 130° on July 9th, but it wasn't quite that hot. It was 110 to 115°. And it's not like they're abandoned out there or forced to tote all their own water: "Each runner is trailed by their own support crew in an air-conditioned minivan, which leap-frogs their progress, stopping every fe...
Tags: Photography, Law, Sports, Death Valley, Ann Althouse, Hotness, Death Valley Haven

Even Twenty-Six Years Later: Uncreative Thinking is Done Better by Machines

This post was originally published twelve years ago today. However, as I ponder the topic posed by Northwestern Law Professor Michael Zuckerman about how law students shouldn’t use automated writing technology because they will miss out on learning how to do initial drafts, this post seems as relevant now as ever. – GL] I read a lot. But, I don’t usually read the same book twice (because I already know how it is going to end!) But, I do love me some SciFi and Vampires and Humor, so when I get th...
Tags: Law, Uncategorized, San Francisco, Creativity, Scifi, Machines, Michael Zuckerman, Christopher Moore, Joshua Abraham Norton, Google Books Moore, Thomas Flood

Giant inflatable rats used by labor unions are constitutionally protected free speech, labor board rules

"Scabby the Rat" is a fixture at labor disputes, first deployed in 1990 by a union in Chicago. Juana Arias/The Washington Post "Scabby the Rat" was first used by labor unions in 1990. The inflatable rat ranges in size from 12 feet to 25 feet. The Trump administration had argued its "red eyes, fangs, and claws" constituted an illegal threat. See more stories on Insider's business page. Labor unions have a constitutionally protected right to protest using giant inflatable rodents, a fede...
Tags: News, Law, Unions, Labor, Trends, Joe Biden, Chicago, United States, Aclu, Illinois, Donald Trump, Charles Davis, Free Speech, First Amendment, National Labor Relations Board, Nlrb

The Geek in Review Ep. 125 – Shailini George on Law Students Doing Well and Being Well

Suffolk Law Professor Shailini George joins us to talk about her new book, The Law Student’s Guide to Doing Well and Being Well. Professor George talks about the need for law students to take better care of their mental and physical health in order for them to not only do well in law school but to be better lawyers once they enter the profession. Whether it is stopping task switching, setting boundaries on their time, or allowing themselves to be bored, she lays out a guide for students to do b...
Tags: Apple, Amazon, Podcast, Law, Russia, Uncategorized, US, Fbi, Mental Health, Marley, Law School, Justice Department, Casetext, Suffolk, Trump, George

Former Trump inaugural chairman Tom Barrack's bond set at $250 million by federal judge

Former Trump Inaugural Committee chairman Tom Barrack speaks at at a pre-Inaugural "Make America Great Again! Welcome Celebration" at the Lincoln Memorial in Washington, Thursday, Jan. 19, 2017 AP Photo/David J. Phillip A federal judge set financier and former Trump ally Tom Barrack's bond at $250 million. Barrack is charged with illegal foreign lobbying, making false statements, and obstruction. Barrack must wear an ankle bracelet, observe a curfew, and not spend more than $50,000 at...
Tags: Politics, Law, California, Washington, US, Trends, Brooklyn, Department Of Justice, Donald Trump, Doj, Uae, Trump, Lincoln Memorial, Christina Wilkie, Barrack, David J Phillip

New Connecticut Law Bars Requests for Date of Birth or Graduation Dates on Employment Applications

Continuing my deeper dive this week into new laws from the General Assembly, today’s post tackles Public Act 21-69, which goes into effect October 1, 2021. The law amends existing law by making it a discriminatory practice for an employer or an employer’s agent to request or require an applicant provide their: age date of birth dates of attendance at or date of graduation from an education institution. This prohibition applies to an “initial employment application”, suggesting that an employer ...
Tags: Law, Advice, Age, Hire, HR, Age Discrimination, Hiring, Application, General Assembly, ADEA, Human Resources (HR) Compliance, Laws and Regulations, Discrimination & Harassment, Legislative Developments, New Law, Employment Application

5:41 a.m.

[Author: [email protected] (Ann Althouse)]
Tags: Lake Mendota, Photography, Sunrise

The morning read for Thursday, July 22

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Thursday morning read: The Supreme Court Injects Partisan Politics Into Independent Agencies (Eric Singerman, NPR) Clarence Thomas Is the new Chief Justice (Jeffrey Toobin, CNN) Should We Reform the Supreme Court? (Ilya Shapiro, Newsweek) The Supreme Court’s 2020-2021 Regulatory Term: Se...
Tags: Supreme Court, Law, Round-up, Jeffrey Toobin, Ilya Shapiro, Eric Singerman NPR Clarence Thomas, Newsweek The Supreme Court

"Pornhub vows to guide viewers swiftly past 'all the prude paintings' and take them 'directly to the good stuff' on a dedicated website and app..."

"... which features hardcore reenactments of sexy works housed in six major museums by an amateur couple known by the monicker MySweetApple. In their riff on Edgar Degas’s 'Male Nude' (1856), in the collection of the Metropolitan Museum of Art in New York, the Impressionist painter’s sprawled sitter gets a blowjob.... Kitagawa Utamaro’s 'Fujin sogaku jittai' (1802-1803), according to Pornhub, is 'a woodblock print of a girl washing her hair so blissfully that she hasn’t noticed the monumental ni...
Tags: Art, New York, Law, Museums, Naked, Edgar Degas, Pornography, Pornhub, National Gallery, Metropolitan Museum Of Art, Met, Fujin, Degas, Ann Althouse, lawsuits I hope will fail, Kitagawa Utamaro

Friday Jobs Roundup

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Current postings on Slaw Jobs: Hospitality Clerk (Full-time) | Vancouver, BC (Bennett Jones) Legal Assistant, Resource Team (Corporate & Litigation) (Contract rol...
Tags: Law, Ottawa, Canada Montreal, Slaw, Powerex, Friday Jobs Roundup, Calgary AB Bennett Jones Knowledge Management, Calgary AB Bennett Jones, Edmonton AB Bennett Jones, Toronto ON Bennett Jones

The morning read for Friday, July 23

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Friday morning read: (Jess Bravin, The Wall Street Journal) Mississippi asks US Supreme Court to overturn Roe v. Wade (Ariane de Vogue, CNN) Details on F.B.I. Inquiry Into Kavanaugh Draw Fire From Democrats (Kate Kelly, The New York Times) New York Public Defenders Urge Supreme Court t...
Tags: Supreme Court, Law, US supreme court, Round-up, Jess Bravin, Kate Kelly, David Gans, Wall Street Journal Mississippi, Caroline Downey

Will lawyers continue to be averse to technology post-pandemic?

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Will lawyers continue to be averse to technology post-pandemic? As the pandemic recedes and we head into the “new normal,” no one is exactly sure what law offices will look like post-pandemic. Will lawyers work remotely more often than before? Will the “face time” requirements of year’s past fall by the wayside as remote work increases? Will law firms continue to adopt new technologies into their...
Tags: New York, Law, Thomson Reuters, Aba, ABA Journal, Rochester New York, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black

The BBC "Reality Check" team examines whether U.S. money funded "gain-of-function" research in China.

That is, who's right, Rand Paul or Anthony Fauci?There's no decisive answer at the link, but room to argue that either or both are right. I can't do an excerpt, because I can't figure out what to leave out, so read the whole thing. Personally, I don't side with either man or care about designating one and not the other as a liar. [Author: [email protected] (Ann Althouse)]
Tags: Law, China, Lying, Rand Paul, Anthony Fauci, Anthony, Ann Althouse, BBC Reality Check, Coronavirus

Questions To Ask Before Going In-House

In some ways, you won’t know whether you’ll like it until you try it.
Tags: Law, House, In-House Counsel, Meyling "Mey" Ly Ortiz

Former Head Of LexisNexis and Bloomberg Law Named to Integreon’s Board

Lou Andreozzi, the former chairman of Bloomberg Law and CEO of LexisNexis North American Legal Markets, has been appointed to the board of directors of global managed services provider Integreon, the company said today. The news comes a month after Integreon was acquired by the private equity firm EagleTree Capital. Integreon said that Andreozzi will serve on the board in a non-executive capacity, consulting with Integreon CEO Bob Rowe and other senior Integreon managers, as well as with the Eag...
Tags: Law, Uncategorized, Bloomberg, LexisNexis, Lou, Westlaw, Rowe, Martindale Hubbell, Epiq, Bloomberg Law, Reed Elsevier, Andreozzi, Bob Rowe, EagleTree Capital, Lou Andreozzi, Integreon

"The Swedes had knocked the Americans out of the previous Olympics, and over the last five years their rivalry had only deepened."

"Rather than getting revenge against Sweden, the United States saw its unbeaten streak fall as it suffered a 3-0 loss, stunning not for the result but for the thoroughness. In U.S. Coach Vlatko Andonovski’s major tournament debut, Sweden left no doubt about which team deserved to win.... 'We got our asses kicked,' Megan Rapinoe said. 'Didn’t we?'... 'It’s not just the result,' Andonovski said. 'It’s a tough situation to be in. I don’t think this team has ever been in a situation like this. In re...
Tags: Sweden, Law, United States, Olympics, Megan Rapinoe, WaPo, Ann Althouse, Vlatko Andonovski, Andonovski

The Biglaw Firms That General Counsel Recommended Most During The Pandemic (2021)

A ranking of the law firms that successfully guided their clients through the most turbulent time of our lives.
Tags: Law, Rankings, Biglaw, General Counsel, Bti Consulting Group, In-House Counsel, Outside Counsel, Unprecedented

Cost-Cutting Generics And Biosimilars Stuck In Legal Limbo

Many believe that the biosimilar industry can address the issue of spiraling drug costs, but first it has to make it through a thicket of challenges.
Tags: Law, Health Care / Medicine, Healthcare Docket

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