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Oregon State Appeals Court Finds Frozen Embryos ”Personal Property” in Divorce Proceeding  By Anna Lamut – Edited by Stephanie Weiner  Dahl v. Angle Or. Ct. App., October 8, 2008, A133697 Slip Opinion The Court of Appeals of the State of Oregon upheld the decision of the trial court to enforce a contract made between a now-divorced husband and wife regarding six frozen embryos resulting from the couple’s attempt to conceive in vitro. The contract provided that, in the event of a disagreement, the wife would have the right to decide what ... Read More...
Posted On Oct - 16 - 2008 Comments Off READ FULL POST
Federal Circuit Rejects Point of Novelty Test for Design Patent Infringement By Anna Lamut — Edited by Stephanie Weiner Egyptian Goddess v. Swisa CAFC, September 22, 2008, Slip Opinion The U.S. Court of Appeals for the Federal Circuit affirmed the decision of the District Court for the Northern District of Texas, which had granted summary judgment in favor of Swisa, Inc, finding that no jury could reasonably find Swisa’s nail-buffer design infringed Egyptian Goddess’s design patent. A panel of the ... Read More...
Posted On Sep - 27 - 2008 1 Comment READ FULL POST
Third Circuit Holds Child Online Protection Act Unconstitutional By Anna Lamut – Edited by Nicola Carah ACLU v. Mukasey Third Circuit, July 22, 2008, No. 07-2539 Slip Opinion On July 22, the Third Circuit affirmed the United States District Court for the Eastern District of Pennsylvania’s decision, finding that the Child Online Protection Act (“COPA”), 47 U.S.C. § 231, violated the First and Fifth Amendment, and permanently enjoined its enforcement. COPA imposes civil and criminal penalties for anyone who, “for commercial purposes,” knowingly posts “material ... Read More...
Posted On Aug - 3 - 2008 Comments Off READ FULL POST
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