-
While patent legislation stalls in Congress, the courts and the U.S. Patent and Trademark Office are making changes on their own.
In an opinion expected to have a significant impact on patent practice, the Federal Circuit recently established a higher standard for willful violation and set out new standards for the use of opinion letters as part of an "advice of counsel defense," establishing a limited waiver of the attorney-client privilege and work product immunity.
-
...1998). With this standard of review in mind, we turn to the District Court=s... application of, clearly established Federal law, as determined by the Supreme C...
-
The extreme volatility of stock market values has been the subject of a large body of literature. Previous research focused on the short run because of a widespread belief that in the long run the market reverts to well-established fundamentals. The authors' research suggests this belief should be questioned. First, they show actual dividends cannot account for the secular trends of stock market values. They then consider a more comprehensive measure of capital income, which displays large secular fluctuations that roughly coincide with changes in stock market trends. Under perfect foresight, however, this measure fails to properly account for stock market movements. The authors thus abandon the perfect foresight assumption and instead assume that forecasts of future capital income are ...
(ProQuest: .. denotes formulae omitted.). Standard (consumption-based) asset- pricing models have a h...
-
... state court to conclude Moore had not established ineffective assistance of counsel under Strickland...Washington, 466 U. S. 668. Moore sought federal habeas relief, renewing his ineffectiveassistance ...The relevant federal law is the standard for ineffective assistance of counsel under Strick...
-
The EPA is making a finding that the coal-fired Portland Generating Station (Portland), owned and operated by GenOn REMA LLC (GenOn), in Upper Mount Bethel Township, Northampton County, Pennsylvania, is emitting air pollutants in violation of the interstate transport provisions of the Clean Air Act (CAA or Act). Specifically, the EPA finds that emissions of sulfur dioxide (SO) from Portland significantly contribute to nonattainment and interfere with maintenance of the 1-hour SO national ambient air quality standard (NAAQS) in New Jersey. This finding is made in response to a petition submitted by the State of New Jersey Department of Environmental Protection (NJDEP) on September 17, 2010. In this action, the EPA is establishing emission limitations and compliance schedules to ensure th...
... of Portland beyond the 3-month limit established by the CAA for sources subject to a contribution f...
-
The National Highway Traffic Safety Administration (NHTSA) established Federal Motor Vehicle Safety Standard (FMVSS) No. 139, which upgraded the tire performance requirements for most new tires on vehicles with a gross vehicle weight rating of 10,000 pounds or less. The new standard replaces FMVSS Nos. 109 and 119.
-
... village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Ac...Standard Federal regions means the 10 standard Federal regi...
-
... of Transportation (DOT) promulgated Federal Motor Vehicle Safety Standard (FMVSS) 208, which r... upset the careful regulatory scheme established by federal law, a concern applicable here. The pre...
-
... prospective payment rates will be established using a standard payment amount referred to as the...
-
The U.S. Department of Energy (DOE) proposes to establish its test procedures for high-intensity discharge (HID) lamps under the Energy Policy and Conservation Act of 1975 (EPCA), as amended. The proposed test procedures are based on industry standard procedures and practices already established by the American National Standards Institute (ANSI), the Illuminating Engineering Society of North America (IES), and the International Commission on Illumination (Commission Internationale de l'Eclairage (CIE)). The proposed test procedures would include measurement of parameters to enable calculation of lamp efficacy (in lumens per watt or lm/W), and would also provide for the efficiency measurement of directional lamps using center beam intensity (in candelas) and beam angle. The proposed pro...