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Upcoming Supreme Court Oral Arguments in IP & Tech Cases

Patently O

The question is whether his intent (mens rea) matters, or can he be convicted based only upon the reasonably perceived threat of the recipient.). Although not a patent case, this issue comes up all the time in patent litigation). Colorado (When does speech rise to a “true threat”, unprotected by the First Amendment.

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Argument analysis: Justices doubt FTC’s authority to compel monetary relief

SCOTUSBlog

Justice Samuel Alito – not the biggest fan of legislative history – read a lengthy statement from David Fitzgerald, who served as a litigation attorney for the FTC during the 1970 and 1980s. It seems that what you’re doing here is using it for something that has already happened.”

Mens Rea 113
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Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

While the argument that “principles of equity” includes a willfulness requirement would not “directly contradict the statute’s other, express mens rea provisions or render them wholly superfluous[,]. Importance of the Defendant’s Mental State to Awarding Pro?ts. But what is the practical effect of the Court’s decision?

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Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

SCOTUSBlog

The government, in turn, focuses on the structure of the CSA — the words denoting mens rea, “knowingly or intentionally,” come after the exception clause at issue and so, the government argues, do not apply to it. It’s possible the court will focus on this potential middle ground to navigate the complexities of this landscape.

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No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

FDA Law Blog

We note our prior writings on the subject, which extend to five pages of posts , We note further that the JAMA editorial cites our own John Fleder , which makes sense since John is one of the foremost experts on Park liability from his time at the Department of Justice’s Office of Consumer Litigation as well as private practice with our firm.

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Detailed Analysis of POCSO Act, 2012

LexForti

Nevertheless, in circumstances of this nature, the legal principle of “mens rea” ought to be looked at in order to facilitate better decision-making on both the side of the defendant and the plaintiff The POCSO Court in Bombay, while adjudicating the “ Satish Ragde vs. the State of Maharashtra (Criminal Appeal no.

Statute 52