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The Historical Roots of Patent Injunctions: Revisiting Horton v. Maltby (1783)

Patently O

Maltby requested immediate dismissal via demurrer, arguing that Horton should first establish his right at law before seeking equitable relief. Lord Ashurst, wrote the primary opinion rejecting the demurrer. Continue reading this post on Patently-O.

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New Volume of the Japan Commercial Arbitration Journal – Vol. 5 [2024]

Conflict of Laws

The journal features articles on international commercial arbitration, mediation, and litigation related to Japan. By offering comprehensive analysis and updates on arbitration, mediation and litigation practices in Japan, the journal helps bridge the knowledge gap for those working in international commercial law. risk reduction ?

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Using Motions to Get a Lawsuit Dismissed Early in California

Chugh LLP

Motions are one way to accomplish that goal, since they may be effective at getting certain lawsuits dismissed during the early stages of litigation. The responsive pleading can be in the form of an answer, a demurrer, or a motion. Complaints are rarely dismissed based on demurrers in California. Motions to dismiss . conclusion.

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Forecasting the Forecasters: Upcoming Trends in Judicial Analytics

Attorney at Work

The pace of litigation is dizzying. Trellis Research , for example, has already mined trial court records across multiple states, taking all the content that goes into civil litigation (petitions, motions, rulings) and restructuring it so that it can be made searchable by a Google-like algorithm. But things are starting to change.

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Bruce’s Beach: A Case Study for Judicial Analytics Best Practices

Attorney at Work

By following its details closely, we can begin to unravel the strategic importance of judicial research and analytics for civil litigation at the state trial court level. By following its details closely, we can begin to unravel the strategic importance of judicial analytics for civil litigation at the state trial court level.

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Standing to Challenge Inventorship

Patently O

Sywula sued for correction of invention, and the District Court initially dismissed the case on standing, but – after an amended complaint – has now agreed that Sywula has met the requirements to survive a pleading-stage demurrer. Standing to Sue : Federal Courts can only hear “actual cases or controversies.”

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One Panel with Opposing Eligibility Decisions

Patently O

Federal litigation begins with a plaintiff filing a complaint. In patent litigation, this is typically the patentee suing a defendant for patent infringement. The disagreement is over a subset that, according to Judge Stoll at least, the patentees made plausible and specific allegations sufficient to overcome a motion to dismiss.