Design rights afford a basis for injunctive relief: an underutilized patent has become an important part of intellectual property protection
Article Abstract:
US and foreign companies are beginning to recognize the value of design patents rather than just patenting the utility because with a design patent companies can get preliminary injunctions and lower evidentiary standards. A design infringement suit presumes validity and so the plaintiff's burden of proof is significantly lower than in other patent cases. Plaintiffs also have a lower evidentiary standard for claiming lost profits damages. The only requirement for infringement is if consumers might confuse the two designs.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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It's time for a better, bigger U.S. judiciary
Article Abstract:
The draft report of the US Judicial Conference's Long Range Planning Committee proposes a bandaid, not a real, long-lasting solution to the congestion in the federal courts. The federal bench should be expanded and courts organized by legal specialties, with separate courts hearing only criminal cases. Judges on these courts would become criminal law experts and lighten the burden of the exploding federal criminal docket on the rest of the federal bench.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Efficiency is crucial to success; expedited cases
Article Abstract:
There are several programs designed to fight court congestion and delay at the federal level. The Civil Justice Reform Act (CJRA), enacted in 1990, mandates the adoption of a delay and expense reduction plan by all federal district courts. CJRA strategies include multitrack systems, automatic non-binding arbitration of certain cases and limits on discovery.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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- Abstracts: Understanding the right to an undiluted vote. State courts and "passive virtues": rethinking the judicial function
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