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Guest Post by Prof. Yelderman: How Do District Courts Cite Prior Art?

Stephen Yelderman is a Professor of Law at the University of Notre Dame Law School. Not all prior art is created equal. The ease of finding what’s been done before can vary dramatically—from a prior U.S. patent cited by hundreds of applicants, to the dusty doctoral thesis sitting on the shelf of a foreign library. So one might wonder: when district courts invalidate patents on prior art grounds, do they typically rely on prior art that the inventor, or the USPTO, or even a reasonably diligent se...
Tags: Law, Patent, University of Notre Dame Law School, Stephen Yelderman, Prof Yelderman


Argument preview: Equitable tolling and appeals of class certification

In a series of decisions in the past decade, most recently 2017’s Hamer v. Neighborhood Housing Services of Chicago, the Supreme Court has distinguished jurisdictional rules from non-jurisdictional claim-processing rules. The distinction has been framed in consequential terms — a jurisdictional rule is mandatory and does not admit of equitable exception, suspending or extending the deadline based on concerns for fairness and justice. But the court has allowed that non-jurisdictional claim-proc...
Tags: Featured, Supreme Court, Law, Congress, California, 9th Circuit, Lambert, U S Court of Appeals, Hamer, Nutraceutical, Merits Cases, Nutraceutical Corp, Troy Lambert, Federal Rule of Civil Procedure, Federal Rule of Appellate Procedure


Law Firm Innovation – The Newest BS Phrase

Having recently attended a conference on law firm innovation, I came to the realization that Blockchain has lost its pre-eminent place in the legal BS stratosphere. This is a sad day. Blockchain had a good life and provided tons of opportunities for people to opine on how ‘everything’ will change because of it. I recall one especially insightful article on emerging crypto-toilet paper offerings. Too bad we will never know the warm comfort of crypto-paper making a pass around the seventh planet. ...
Tags: Law, Uncategorized, Blockchain


E18 – Nicholas Alexiou – Professional Development Needs for Law Students

The Geek In Review – Episode 18 is ready just in time for your Thanksgiving travel enjoyment. Don’t forget to subscribe on iTunes or Google (or where ever you listen to your podcasts) so that you automatically get the latest episodes. Comments can be sent to @glambert or @gebauerm. Also, if you like our new theme music, check out Jerry David DeCicca’s new album on Spotify, or iTunes, Nicholas Alexiou, Director of LL.M and Alumni Advising at Vanderbilt University Law School joins us for an in-de...
Tags: Google, Law, Uncategorized, Mit, Dc, Don, Greg, Emily, GPA, American Association of Law Libraries, Marlene, Vanderbilt University Law School, Jerry David DeCicca, Nicholas Alexiou, Greg s Mom


Tuesday round-up

Yesterday the justices issued additional orders from their conference last Friday; as expected, they did not add any cases to their merits docket. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At Bloomberg Law, Jordan Rubin reports that the court “chose not to hear a case on the Sixth Amendment’s confrontation clause …, turning away an appeal from Alabama but sparking a noteworthy dissent in the process” from “a pairing not seen yet this term, ...
Tags: Texas, Supreme Court, Law, Washington, Alabama, Pennsylvania, Los Angeles Times, Round-up, Sonia Sotomayor, U S Supreme Court, Howe, Adam Feldman, Lambert, Sotomayor, Department of Commerce, National Constitution Center


Firm Central Practice Management Bookends a Banner Year with the Launch of Built-in Accounting

At launch in 2013, Firm Central was a solid user friendly, cloud-based matter management software.  Fast forward through five years of gathering customer feedback and making product improvements, to present day, where the robust end-to-end software consists of customizable matter management, sophisticated time & billing, legal rules-based calendaring, enhanced reporting, and most recently, built-in accounting. This year, has been one of rapid-fired, customer-centric enhancements.  One coming aft...
Tags: Sponsored, Law, Cloud Computing, Thomson Reuters, Sponsored Content, Firm Central, Thomson Reuters [Sponsored, Email Digest, FindLaw Prospect


Parking Violations: Car Partially Blocking Driveway

My question involves a traffic ticket from the state of: NY Hi, I constantly have this issue of cars parking and blocking 1-2ft of my driveway. The issues are 3 cars park in the driveway and with any cars parked that far into my driveway it makes it difficult to get out, especially when it snowed and my RWD car gets stuck where the driveway meets the street. I have put down orange lines to give a guide on where not to cross, I've also put up a do not block the driveway/tow sign on the front ga...
Tags: Law, Moving Violations, Parking And Traffic Tickets


OT2018 #8: “Animal Magnetism”

The First Mondays national tour continues! This week we’re live at Duke Law School, with not one but two great guest hosts: Professors Marin Levy and Steve Sachs. We catch up on recent SCOTUS news and talk through a recent set of opinions from the “shadow docket.” Then, as both of our guests are civil procedure experts, we take a deep dive into Nutraceutical Corp. v. Lambert, a nerdy-but-interesting procedural case that arises from some particularly spicy factual allegations. Listen to the end f...
Tags: Law, Lambert, Duke Law, First Mondays, Nutraceutical Corp, Marin Levy, Steve Sachs


At the Cayenne Café...

... you can talk all night.And buy your stuff at Amazon through the Althouse Portal. If you need a recommendation, I'd say that about once a year you should order a giant pump bottle of Precipitation. [Author: [email protected] (Ann Althouse)]
Tags: Amazon, Photography, Law, Tablescape, Ann Althouse


Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology. Practice There’s a New Group in Town! Sandra Bekhor These days, a lot of lawyers are wondering how to make the most of LinkedIn. Some are wondering if they even can. So, for this week’s tip, we’re sharing news about a new group which may prove to be an easy entry point to greater participation on the site. … Research & Wr...
Tags: Law, Ontario Court of Appeal, Tips Tuesday, Practice There 's a New Group, Neil Guthrie John Laskin


We Built This City (Library)

Civic pride has been riding a bit of a high in Calgary recently, and it has naught to do with any professional sports franchise, annual rodeo or the swell of nostalgia roused when considering a possible Olympic bid. The cause for such a recent surge was actually the opening of the new Central Library on November 1. Winning further accolades from some was the fact that the project ultimately came in $10M under budget. While one must admit that the new central library is not perfect in all ways,...
Tags: Google, Law, Wikipedia, Calgary, Legal Information


2019 Great American Outdoor Show Tickets On Sale Now

2019 Great American Outdoor Show Tickets On Sale Now U.S.A. –-(Ammoland.com)- Tickets are now on sale for the 2019 Great American Outdoor Show, scheduled for Feb. 2-10 at the Pennsylvania Farm Show Complex in Harrisburg, Pa. Purchase tickets online at www.greatamericanoutdoorshow.org . The holidays are just around the corner, bringing with them the spirit of family and tradition, and the practice of counting blessings and making plans for the new year. So, gather your family and friends an...
Tags: Facebook, Instagram, Guns, Events, Pennsylvania, Fishing, Hunting, Nra, Pennsylvania Farm Show Complex, Hunting News, Shooting Industry News, Great American Outdoor Show, NRA Air Gun Range, Harrisburg Pa Purchase, Eddie Eagle Kid s Zone Kids Trout Pond


Firm Central Practice Management Bookends a Banner Year with the Launch of Built-in Accounting

At launch in 2013, Firm Central was a solid user friendly, cloud-based matter management software.  Fast forward through five years of gathering customer feedback and making product improvements, to present day, where the robust end-to-end software consists of customizable matter management, sophisticated time & billing, legal rules-based calendaring, enhanced reporting, and most recently, built-in accounting. This year, has been one of rapid-fired, customer-centric enhancements.  One coming aft...
Tags: Sponsored, Law, Cloud Computing, Thomson Reuters, Sponsored Content, Firm Central, Email Digest, FindLaw Prospect


Empirical SCOTUS: Follow the experts in framing petitions for cert

The age of big data is upon us. Data in law is ubiquitous, informative of past decisions and helpful in prognosticating future results. How we make use of this data is often a topic of debate. One view holds that large amounts of processed information can inform legal decision-making (Here are examples of how this looks in practice.). Lawyers taking this approach try to maximize the use of this abundant information. A particular area of Supreme Court practice in which big data can improve lawyer...
Tags: Supreme Court, Law, United States, United, David Boies, Reuters, Fisher, Stern, Gupta, Orrick, Mayer Brown, Rosenkranz, Jeffrey Wall, Theodore Boutrous, Adam Unikowsky, EchoStar


Is this Heart Monitor Merely an Abstract Idea?

by Dennis Crouch For the past several years, I have been conducting an annual patent law moot court competition at Mizzou. This year – the eighth annual – the case was was captioned as an appeal of a recent dismissal by District Court Judge Indira Talwani in Cardionet, LLC v. Infobionic, Inc., 2018 U.S. Dist. LEXIS 177305, 2018 WL 5017913 (D. Mass October 16, 2018).  In her decision, Judge Talwani dismissed the case for failure to state a claim — ruling CardioNet’s heart monitor patent is direct...
Tags: Law, Patent, District Court, Mizzou, Iqbal, Federal Circuit, Dennis Crouch, McKool Smith, QRS, Indira Talwani, Talwani, Berkheimer, CardioNet LLC, InfoBionic Inc, CardioNet


"Chani Nicholas doesn’t care for the hulking Alex Katz painting, depicting a trio of suited white men, hanging behind the front desk of the Langham hotel in New York. It reminds her of the patriarchy..."

"... she tells me one rainy, starless night in February, as we take the elevator up to her hotel suite and sit on the couch. We’re wrapping up a conversation about privilege, gender equality and the zodiac when Nicholas, who’s become popular on Instagram as a kind of social-justice astrologer, notices a different art piece hovering behind her. This one, she likes. The painting, titled 'Mona,' portrays a woman who shares a striking resemblance to Nicholas – dark hair with tight curls, sharp brown...
Tags: Art, Facebook, New York, Instagram, Law, Sunglasses, Transgender, Brooklyn, Nyt, John, The New York Times, Rolling Stone, Astrology, Mona, Spelling, Alex Katz


Are Amazon and Lyft Making Online Reviews Too Important?

I’m really not sure what I think about this, so I’d love to discuss with you on Facebook, Linkedin, Twitter or wherever… As I write this, it’s Thanksgiving Week in the United States, which means millions of people will spend billions of dollars on Black Friday and Cyber Monday, and will temporarily say things like “doorbusters” without a trace of embarrassment. As is the national custom, for almost every conceivable product there are approximately 1,417 competing brands and variations, making t...
Tags: Apple, Amazon, Microsoft, Law, Whole Foods, Alabama, Seo, Star, United States, Tripadvisor, Seattle, OFT, Facebook Twitter, Apple Microsoft, BazaarVoice, Hick


Argument preview: Justices to consider whether antitrust lawsuit by iPhone users can go forward

When the justices return from their Thanksgiving vacation next week, they will hear oral argument in a would-be class action filed against the technology giant Apple by iPhone users. The iPhone users argue that Apple is violating federal antitrust laws by requiring them to buy apps only from Apple’s App Store, at inflated prices. But Apple counters that under the Supreme Court’s cases the iPhone users don’t have a case at all, because Apple is simply selling the apps to iPhone users at the pri...
Tags: Apple, Featured, Supreme Court, Law, California, Court, App Store, Illinois, 9th Circuit, Howe, U S Court of Appeals, App Store Apple, Merits Cases, Illinois Brick Co, Illinois Brick


Monday round-up

The Supreme Court added two cases to its docket on Friday, including In re Department of Commerce, et al., a dispute arising out of a challenge to the administration’s decision to include a question about citizenship on the 2020 census form; the court scheduled oral argument in the case for February 19, 2019. Amy Howe covers the order list for this blog, in a post that was first published at Howe on the Court. At Bloomberg, Greg Stohr reports that “[t]he justices will consider the Trump administ...
Tags: Usa, New York, Supreme Court, Law, Congress, Washington Post, Commerce, New York Times, Npr, Kevin Johnson, Justice Department, US supreme court, Trump, Round-up, Lyle Denniston, Whitaker


Fast Mover On The Move

We had the pleasure of taking our Fast Mover Tactical Pack on a short hike through the woods and we must say it was epic! When it came to space, the pack had plenty of room to fit all the essentials items needed for the hike and then some. The pack also served an A+ performance in the durability and comfort department, due to its well crafted denier polyester shell and contoured straps. Take a look at the photo below and be sure to head over to Rothco.com to get your own! Subscribe to the ...
Tags: Backpack, Military, Rothco, Rothco NY, GOTM, Tactical Pack, Tactical Backpack, Best Hiking Backpacks, Fast Mover Tactical Backpack, Survival Bag


Argument preview: Probable cause, retaliatory arrests, and the First Amendment

The Roberts Court has shown two jurisprudential preferences. One is for protecting the freedom of speech, earning it a reputation as perhaps the most speech-protective Supreme Court in history. The other is for protecting law-enforcement discretion and power, especially against private suits for damages under 42 U.S.C. § 1983, earning criticisms from some who argue that the court over-protects police officers who violate the Constitution. Those instincts collide in Nieves v. Bartlett, to be ar...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Department Of Justice, District Of Columbia, Martin Luther King Jr, Montgomery Alabama, Moore, Roberts Court, Hartman, Bartlett, Merits Cases, Nieves


"There's Swedish death cleaning and there's Finnish forest raking."

Said Meade, as I was reading "Trump Says Finland Prevents Wildfires by 'Raking' Forests. Finland Isn't Sure What He's Talking About" (Fortune).“You’ve got to take care of the floors. You know the floors of the forests, it’s very important,” Trump said amid the ruins of the town of Paradise, which was entirely razed by the Camp Fire. He added that President Sauli Niinisto of the “forest nation” of Finland told him “they spent a lot of time on raking and cleaning and doing things, and they don’t h...
Tags: Law, California, Washington Post, White House, Trees, Fire, Finland, Lewis Carroll, Whoopi Goldberg, Trump, WaPo, McLeod, Sauli Niinisto, Meade, Ann Althouse, Trump rhetoric


At the Hot Pepper Café...

... say what you like. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Tablescape, Ann Althouse, Hot Pepper Café


Quiet day for orders

The Supreme Court issued more orders this morning from the justices’ private conference last Friday. The justices had added two new cases to their merits docket for the term last week and were not expected to grant any more today – and they did not. Instead, the overwhelming majority of today’s orders denied review of petitions asking the justices to weigh in. The justices once again did not act on several high-profile petitions, including a challenge to mandatory bar dues and a pair of cases in...
Tags: Featured, Supreme Court, Law, Alabama, New Mexico, Ruth Bader Ginsburg, Stuart, Antonin Scalia, Lyle Denniston, Scalia, Howell, Sotomayor, Stephen Breyer, Elena Kagan, Clarence Thomas, Anthony Kennedy


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Vancouver Immigration Law Blog 2. DroitDu.Net OK 3. Official Clio Blog  4. Eloise Gratton  5. Civil Resolution Tribunal blog Vancouver Immigration Law Blog Fettering Discretion and Standar...
Tags: Google, Law, Canada, CRT, R Wilson, Monday’s Mix, Standard Of Review, Paul Daly, Éloïse Gratton, Boswell J, Canada Europe La Chaire L, Eloise Gratton Max Jarvie, Data Protection Group BLG, Max Jarvie, Lauryn Kerr


Another round of news and notes from the front lines of the debate over the FIRST STEP Act

I am not sure I will need to do regular round-ups of stories and commentary surrounding the prospects of the FIRST STEP Act. But I am sure that there have been lots of notable developments and discussion since I did this last round-up of stories just a few days ago. So, from various sources and various authors (including Jared Kushner): "Trump-backed prison reform bill to overhaul controversial 'three strikes' rule" "A bipartisan criminal justice reform bill faces an uphill battle in Congres...
Tags: Law, Congress, Senate, Gop, Trump, PAUL, Douglas A Berman, Jared Kushner, McConnell Sens Graham, Criminal Justice Bill Conservatives Aren


Tar Heel Update

The quarterly report of the North Carolina Office of Counsel shows how carefully that office tracks its work ATTORNEY CLIENT ASSISTANCE PROGRAM The ACAP staff responded to 2,801 phone calls from members of the public and contacted 650 lawyers in... [Author: Legal Profession Prof]
Tags: Law, Legal Profession Prof, Bar Discipline & Process, Acap, North Carolina Office of Counsel


LawNext Episode 19: NetDocuments CTO Alvin Tedjamulia on Helping Lawyers Learn to Love the Cloud

 When Alvin Tedjamulia cofounded NetDocuments in 1998 as the first cloud-based platform for document and email management, few lawyers had any concept of what it meant to work in the cloud. Today, NetDocuments has grown to become one of the leading DMS systems in legal, counting some of the world’s leading law firms and corporations as its customers. Now chief technology officer at NetDocuments, Tedjamulia is in charge of strategic planning, cloud engineering, research and development, and ...
Tags: Apple, Facebook, Law, Cto, WordPerfect, Novell, Alvin Tedjamulia, NetDocuments, Advanced Technology Group, LawNext, NetDocuments Tedjamulia, Tedjamulia, Comprehensive Law Office CLO


Insurer won't pay murdered gunshot victim's family because he didn't disclose his high blood-sugar

In March 2018, Nathan Ganas was murdered in his driveway in Durban, South Africa, during a botched hijacking; now Momentum, the insurer who wrote the 2.4m Rand (USD 170,700) policy on his life, is refusing to pay out because they say he didn't disclose his elevated blood-sugar levels when he took out the policy -- instead, they will refund the premiums Ganas paid during the four years he held the policy. Ganas took out the policy in 2014 and the insurer took his blood for an HIV test at the...
Tags: Health, Post, Business, News, Finance, Insurance, Diabetes, South Africa, Momentum, Daily News, Durban South Africa, Sibongile Khumalo, Nathan Ganas, Ganas, Andrew Kuchling


Peanut allergy treatment around the corner but cost raises concerns

Scientists think treatment in which children take increasing doses of peanut protein will be approved next yearThe first medical treatment for children with peanut allergies is likely to be approved next year but there are concerns about its affordability, even though it consists essentially of peanut flour.A study in the US and at the UK’s Evelina children’s hospital shows that gradually increasing a tiny initial dose of peanut protein over six months enabled two-thirds of children eventually t...
Tags: Health, Food, UK, Nutrition, Children, Drugs, US, Society, UK News, US news, Medical Research, Pharmaceuticals industry, Allergies, New England Journal of Medicine, Cambridge UK, Evelina