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4 Oct 2023, 3:48 am
. * * * [T]he Board sua sponte reopens Opposer’s testimony period for the sole purpose of allowing Opposer, if it finds it necessary, to file a supplemental declaration by Ramona Prioleau curing alleged procedural defects raised by Applicant in her foundation testimony for the exhibits referenced in her original declaration, by laying a proper foundation for any such document previously submitted during Opposer’s main trial period. [read post]
3 Oct 2023, 5:25 pm
It is important to note that FRCP 29 also allows a trial judge to enter a judgment of acquittal sua sponte: “…the court may on its own consider whether the evidence is insufficient to sustain a conviction. [read post]
27 Sep 2023, 11:39 am
This second determination by the PTAB was also vacated by the Federal Circuit because the PTAB based the second determination on sua sponte findings that lacked substantial evidence and without providing proper notice to the parties. [read post]
19 Sep 2023, 12:35 pm
The Great River of LLCs Great River is a salient reminder that subject matter jurisdiction may be challenged at any time, even by the court sua sponte. [read post]
14 Sep 2023, 9:15 am
Patent and Trademark Office (USPTO) Director Kathi Vidal sua sponte ordered Director Review of PTAB’s sanctions order. [read post]
14 Sep 2023, 9:15 am
Patent and Trademark Office (USPTO) Director Kathi Vidal sua sponte ordered Director Review of PTAB’s sanctions order. [read post]
13 Sep 2023, 1:57 am
The post Sua Sponte State Law Certification in Opioid MDL Appeal appeared first on Sixth Circuit Appellate Blog. [read post]
12 Sep 2023, 10:47 am
Sua Sponte Findings Without Adequate Explanation or Opportunity to Respond In the second proceeding (IPR2020-00906), Apple asserted specific claims reciting detailed camera parameters would be obvious based on combining Parulski with the Ogata reference. [read post]
1 Sep 2023, 10:40 am
On appeal, the Federal Circuit raised sua sponte whether the requirement for a sum certain in the Federal Acquisition Regulation (FAR) is jurisdictional under recent Supreme Court precedent—finding that its absence from the CDA’s language meant the requirement was not jurisdictional. [read post]
30 Aug 2023, 3:52 pm
Today, we are on the eve of the HCCH 2019 Judgments Convention’s entry into force. [read post]
28 Aug 2023, 1:46 pm
Editorial Editorial Norma Sueli Padilha, José Sérgio da Silva Cristóvam, Thanderson Sousa 1-4 Editorial Artigos Aspectos gerais e trabalhistas sobre a proteção cooperada-integrada de dados pessoais Lucas… [read post]
25 Aug 2023, 8:35 am
The Fifth Circuit agreed: [T]he district court concluded sua sponte that Bailey's Facebook post was not constitutionally protected speech under the First Amendment because it created a "clear and present danger," equating "Bailey's post publishing misinformation during the very early stages of the COVID-19 pandemic and time of national crisis" as "remarkably similar in nature to falsely shouting fire in a crowded theatre" and citing to Schenck v. [read post]
21 Aug 2023, 11:15 am
Last week, the U.S. [read post]
21 Aug 2023, 11:15 am
Last week, the U.S. [read post]
10 Aug 2023, 1:36 pm
In response, and at the sua sponte direction of the District Court, FMC moved to exclude the new expert’s testimony under Federal Rule of Evidence 702 and Daubert for failure to take the District Court’s Markman order into account when performing the infringement analysis, which the District Court granted. [read post]
7 Aug 2023, 9:49 pm
The Court explained: [W]e have continued to recognize that a petitioner is entitled under the APA to respond to new claim construction arguments made by a patent owner or adopted by the Board sua sponte and that both parties are entitled to respond to a new construction adopted by the Board sua sponte after an institution decision. [read post]
7 Aug 2023, 11:47 am
And we see no reason why NACARA should be read as implicitly divesting the Board of its discretion to sua sponte reopen a proceeding. ... [read post]
6 Aug 2023, 5:40 am
August 2, 2023Appellate Division, First DepartmentAge 29 Law allows unmarried children through age 29, regardless of financial dependence, to be covered under a parent’s group health insurance policy In B.D. [read post]
4 Aug 2023, 8:42 am
We sua sponte expedite the briefing and hearing of this appeal. [read post]
4 Aug 2023, 5:43 am
Father appealed this sua sponte ruling. [read post]
