Society


 

Secondary Factors vs Objective Indicia of Nonobviousness

by Dennis Crouch I wrote earlier about the Supreme Court petition in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc. (Supreme Court 2021) that focuses on secondary considerations of non-obviousness such as commercial success and long-felt un-met need.  There has been a small movement over the years to refer to these as “objective indicia of nonobviousness” as opposed to secondary considerations.  That movement did not arise with the Supreme Court.  Rather, the Supreme Court has repeatedly ...
Tags: Supreme Court, Law, Graham, Patent, Federal Court, Westlaw, Dennis Crouch, Teleflex, KSR, Amarin, Amarin Pharma Inc, Hikma Pharmaceuticals USA Inc Supreme Court, Supreme Court Rather the Supreme Court


"Dear..."

The District of Columbia Court of Appeals has suspended an attorney reciprocally after the Florida Supreme Court imposed suspension on an emergency basis. The Orlando Sentinel reported on the Florida bar complaints Inna Alekseenko was at the doctor’s office when... [Author: Legal Profession Prof]
Tags: Florida, Law, Orlando Sentinel, Florida Supreme Court, Legal Profession Prof, Bar Discipline & Process, District of Columbia Court of Appeals, Inna Alekseenko


Lawmakers consider nudging Supreme Court toward more transparency on the shadow docket

Democrats and Republicans on a House panel agreed Thursday that the Supreme Court should be more transparent when it issues significant rulings on its so-called shadow docket, and some lawmakers floated the possibility of legislation to force the justices to disclose their votes in such... The post Lawmakers consider nudging Supreme Court toward more transparency on the shadow docket appeared first on SCOTUSblog.
Tags: Featured, Supreme Court, Law, House, What's Happening Now


Victoria Law Reform Commission Consultation on Jurors Who Are Deaf, Hard of Hearing, Blind or Have Low Vision

The Victoria Law Reform Commission is conducting a public consultation on more inclusive juries. The state of Victoria is in south-eastern Australia and its capital is Melbourne. The Commission wants to find out what reforms are needed to improve access for people who are deaf, hard of hearing, blind or have low vision who wish to serve as jurors in the state of Victoria. It issued a consultation paper in December 2020 and will be gathering input until the end of February. From the terms of refe...
Tags: England, Law, Wales, Australia, Canada, New Brunswick, United States, Commission, New South Wales, New Zealand, Victoria, Melbourne, Manitoba, Vic, New Zealand England, Legal Information: Libraries & Research


Wild Allegations Against Jones Day Attorney In New Lawsuit — See Also

Don't People Know Fear Is A Terrible Way To Motivate Underlings? Apparently they don't tell attorneys that at Jones Day. Well, This Seems Like A Gross Miscarriage Of Justice: A man's dead and misdemeanor charges were filed against the state AG.  No Electricity? No Water? Don't count on law school taking a break for that. Or Maybe Your Heat Is Out: Try burning the law. HLS Student Starts Clothing Company During A Pandemic: Overachiever.
Tags: Law, Don, AG, See Also


ACLU writes to AG-nominee Merrick Garland urging action on "five critical issues"

The ACLU today released this notable seven-page letter directed to Attorney General-Designate Merrick Garland. Here is how it gets started: Congratulations on your nomination to lead the U.S. Department of Justice (DOJ).  For nearly 100 years, the ACLU has been our nation’s guardian of liberty, working in courts, legislatures, and communities to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in this country. You...
Tags: Law, America, United States, Aclu, Biden, Doj, Senate Judiciary Committee, AG, Douglas A Berman, Merrick Garland, U S Department of Justice DOJ, Designate Merrick Garland


ACLU write to AG-nominee Merrick Garland urging action on "five critical issues"

The ACLU today released this notable seven-page letter directed to Attorney General-Designate Merrick Garland. Here is how it gets started: Congratulations on your nomination to lead the U.S. Department of Justice (DOJ).  For nearly 100 years, the ACLU has been our nation’s guardian of liberty, working in courts, legislatures, and communities to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in this country. You...
Tags: Law, America, United States, Aclu, Biden, Doj, Senate Judiciary Committee, AG, Douglas A Berman, Merrick Garland, U S Department of Justice DOJ, Designate Merrick Garland


Is it finally warm enough to go outside?

 I wonder. But inside there is conversation. You start...BACK FROM A HIKE: The temperature got up to 24° and that felt really warm. By the end, I had my hat and mittens off and my jacket unzipped. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Flowers, Ann Althouse


"Rigging the jury: How each state reduces jury diversity by excluding people with criminal records"

The title of this post is the title of this notable new report from the folks at Prison Policy Initiative. Here are excerpts from the report's first part: In courthouses throughout the country, defendants are routinely denied the promise of a "jury of their peers," thanks to a lack of racial diversity in jury boxes. One major reason for this lack of diversity is the constellation of laws prohibiting people convicted (or sometimes simply accused) of crimes from serving on juries. These laws bar ...
Tags: Law, Georgia, New York State, Douglas A Berman, Prison Policy Initiative Here


As The Litigation Churns

Even though most trials are in abeyance, filings continue, as do demand letters.
Tags: Law, California, Courts, Jill Switzer


Why Companies Fall Short In Digital Recordkeeping [Sponsored]

As remote work continues to add to the myriad challenges involving compliance and eDiscovery, our friends at Pagefreezer present a detailed rundown of processes that will meet the moment.
Tags: Technology, Law, Compliance, Ediscovery, Sponsored Content, In-House Counsel, White Paper, Data Infrastructure, Pagefreezer, Digital Recordkeeping


20.5m years of life may have been lost to Covid across 81 countries, study finds

Data shows Covid has taken far greater toll than flu, to which it is often dismissively comparedCoronavirus – latest updatesSee all our coronavirus coverageMore than 20.5 million years of life may have been lost to the coronavirus pandemic in 81 countries of the world, according to a new study that exposes the fallacy that those who die would have soon done so even if they had not caught Covid-19.While Covid deaths are often compared dismissively to those from flu, which kills many elderly and f...
Tags: Health, South Korea, Europe, Science, Greece, Americas, Society, UK News, World news, Asia Pacific, Infectious Diseases, Belgium, Peru, Croatia, Coronavirus, COVID


Circuit Split Deepens as Eleventh Circuit Rejects “Risk of Identity Theft” Theory of Standing in Data Breach Suit

Melissa D. DiGrande On February 4, 2021, the Eleventh Circuit  affirmed  the dismissal of a customer’s proposed class action lawsuit against a Florida-based fast-food chain, PDQ, over a data breach. The three-judge panel rejected the argument that an increased risk of identity theft was a concrete injury sufficient to confer Article III standing, deepening a circuit split on this issue. Read the full post on Proskauer’s Minding Your Business blog.
Tags: Florida, Law, PDQ, Proskauer, Eleventh Circuit, Circuit Split Deepens, Melissa D DiGrande


New Mexico Unit 6C

Adjacent to the Valles Caldera National Preserve and home to a large population of elk, New Mexico Unit 6C allows hunters a realistic opportunity at 280-320 inch bulls, with larger bulls being killed regularly. Primary methods of hunting in New Mexico Unit 6C will be spot and stalk as well as hiking and glassing from vantage points.  Depending on the time of your hunt, elk could be bugling during their yearly rut. This can be a physically demanding hunt as the terrain is steep in most areas. We...
Tags: US, Blog, Hunting, New Mexico, BLM, Santa Fe, US Forest Service, Elk, Abiquiu, USFS, Valles Caldera National Preserve, Peralta Creek, Landowner Tags, Gallina, Hunting Destinations, Landowner Tags and Vouchers


Rousseau explained: What his philosophy means for us

Jean-Jacques Rousseau was a Swiss Enlightenment philosopher with some radical ideas. He argued passionately for democracy, equality, liberty, and supporting the common good by any means necessary. While his ideas may be utopian (or dystopian), they are thought-provoking and can inform modern discourse. Modern political debates often ask how much democracy we should have and what should, and should not, be subject to a vote. Whenever we discuss these issues, we stumble on the famously tricky ph...
Tags: Democracy, France, Society, History, Nature, Paris, Innovation, Philosophy, Geneva, Prussia, Quakers, Isaiah Berlin, Rawls, Hobbes, Thomas Hobbes, Charles Anderson


Yemen risks worst famine on planet in 'decades', say UN officials

Tens of thousands more civilians could be displaced due to attacks by Houthi rebels in Marib provinceThe conflict in Yemen has taken a “sharp escalatory turn” and the country is speeding towards the worst famine the world has seen in decades, UN officials have warned, as the US under Joe Biden takes a renewed interest in finding a diplomatic solution to the war.In one of his more downbeat monthly assessments, the UN special envoy Martin Griffiths told the security council attacks by the Houthi r...
Tags: US, Famine, Society, World news, Joe Biden, Middle East and North Africa, United Nations, Global development, Un, Yemen, Security Council, Marib, Martin Griffiths, Marib province


How do you define success?

This week I had the pleasure of guesting on Pat Perry's Success Wave podcast. During our half-hour-plus conversation, Pat and I discussed a variety of topics, including lawyering in the time of COVID-19 and the key issues I see employers facing in 2021. We also talked about some general business questions, such as this one: How do I define "success." Here's my answer. You can listen to the full episode on Apple Podcasts or wherever you get your podcasts. [Author: Jon Hyman]
Tags: Law, Pat, Jon Hyman, Pat Perry


The Remote Versus Physical Office Debate Revisited, Post-Pandemic

Has the pandemic caused you to rethink your plans for your law firm and if so how?
Tags: Law, Small Law Firms


An Account Suspension Case Fails Again–Perez v. LinkedIn

Perez sued LinkedIn for suspending his account. In October, a court in Southern District of Texas dismissed the complaint because LinkedIn isn’t a state actor. The court gave Perez the opportunity to refile in the Northern District of California, which he did (pro se again). However, the sequel doesn’t do any better. Anti-SLAPP Violation. Perez claimed that LinkedIn violated anti-SLAPP laws. This argument is a head-scratcher for anyone familiar with anti-SLAPP laws. The court says it doesn’t app...
Tags: Google, Facebook, Law, Linkedin, Icann, Johnson, Alphabet, Wilson, Perez, Lewis, Jayne, Google Facebook, Northern District of California, ZIMMERMAN, Facebook Google, Quigley


Man who killed wife 'in act of great violence' jailed for five years

Ruth Williams from south Wales was strangled by husband Anthony, who admitted manslaughterA pensioner who strangled his wife days into the first coronavirus lockdown has been sentenced to five years in jail by a judge who accepted a claim that his mental state was severely affected by the restrictions.Anthony Williams, 70, who was on Monday found not guilty of murder, appeared for sentencing at Swansea crown court after admitting manslaughter by reason of diminished responsibility. The judge, Pa...
Tags: Crime, Law, Wales, Police, UK News, Domestic Violence, Williams, Swansea, South Wales, Anthony, Paul Thomas, Anthony Williams, Ruth Williams


"Yesterday I posted a tweet in response to a post that dealt with the issue of racism. While not intending the post to be interpreted as racist, the post was itself insensitive and so I shut my account down and removed the comment."

So says Wisconsin superintendent candidate Deborah Kerr, quoted in "State superintendent candidate Deborah Kerr apologizes for racially insensitive tweet" (Wisconsin State Journal). This woman apologized and deleted herself from Twitter just because she was criticized for an inept contribution to a discussion about race. I think the state school superintendent needs a lot more gumption than that. Her tweet was dumb. Someone on Twitter had put up the question "When was the first time someone c...
Tags: Twitter, Law, Karen, Wisconsin, Lips, Courage, State, Kerr, Deborah Kerr, Race And Education, Race Consciousness, Ann Althouse, Insults, Madison School Board, Fine Kerr


Citigroup Stupid Beyond Belief Legally Speaking, Can’t Have Its Half-Billion Dollars Back

Finders keepers is apparently a genuine precedent under New York State law.
Tags: Law, Finance, Citigroup, New York State


No Inherency in Design Patent Cases

Mojave Desert Holdings, LLC v. Crocs, Inc., 2020-1167 (Fed. Cir. 2021) [Merits Decision][Substitution Decision] In this non-precedential opinion, the Federal Circuit has sided with the patentee CROCS — upholding the design patent for its really amazing footwear. D517,789. The setup here is an inter partes reexamination filed by Dawgs back in 2012 (now Mojave Desert).  During the reexam, the examiner searched the Wayback Engine (Internet Archive) and found images on the crocs website that preda...
Tags: Law, Patent, Fed, Crocs, Mojave, Federal Circuit, IPR, Agilent, Crocs Inc, PTAB, Mojave Desert Holdings LLC, IPR Mojave, U S A Dawgs



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