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The question in this case, Rush Prudential H.M.O.
But the question in this case is whether this particular use infringed any 106 rights.
With all deference, I think the Court asks and answers the wrong question in this case.
The question in this case was obviously whether to buy "Irises" or the portrait of Gachet.
"There is zero question in this case," Mr. Frank said, "that we have the right person".
"We need not and do not answer the broader question in this case".
It is worth considering a similar question in this case: Is Amazon good for comic books?
The question in this case was a very narrow legal one.
But the question in this case is whether a lawsuit would succeed.
The first question in this case concerns the kinds of amendments that may give rise to estoppel.
The principal question in this case is the effect of an expired patent on a claim of trade dress infringement.
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