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3 Oct 2022, 9:03 am
(sua sponte dismissal of habeas petition under Practice Book § 23-29) [read post]
27 Sep 2022, 11:51 pm
HCCH 2019 Judgments Convention Repository In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. [read post]
26 Sep 2022, 4:49 am
by Dennis Crouch It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. [read post]
23 Sep 2022, 11:20 am
The district court dismissed the case sua sponte, finding that the defendant cannot possibly win the habeas petition. [read post]
22 Sep 2022, 9:39 am
Following last night's Eleventh Circuit benchslap, Judge Cannon sua sponte modified her order by excluding seized materials from those to be reviewed by the special master and striking two paragraphs ordering the SM to prioritize and make available to plaintiff's counsel the documents marked classified. [read post]
21 Sep 2022, 12:00 pm
The district court erred in dismissing Ethridge’s petition sua sponte by invoking Stone v. [read post]
15 Sep 2022, 6:14 am
” “Next, the Court concluded, sua sponte, that Diviney had engaged in an unwaivable concurrent conflict of interest on appeal—and throughout this case below. [read post]
9 Sep 2022, 3:30 pm
Philpotts, where one underlying question is whether a ban on gun possession by people who have been indicted but not yet tried for a "felony offense of violence" or felony drug offense violates the Second Amendment: Sua sponte, parties ordered to file supplemental briefs [within 14 days] addressing the impact, if any, of New York State Rifle & Pistol Assn., Inc. v. [read post]
9 Sep 2022, 9:57 am
Patent and Trademark Office (USPTO) Director Kathi Vidal on September 7 granted sua sponte Director Review and affirmed a Patent Trial and Appeal Board (PTAB) decision denying rehearing of the Board’s decision not to institute a request for inter partes review (IPR) by NXP USA, Inc. [read post]
9 Sep 2022, 9:57 am
Patent and Trademark Office (USPTO) Director Kathi Vidal on September 7 granted sua sponte Director Review and affirmed a Patent Trial and Appeal Board (PTAB) decision denying rehearing of the Board’s decision not to institute a request for inter partes review (IPR) by NXP USA, Inc. [read post]
7 Sep 2022, 8:48 am
The district court concluded the plasma companies were not within the “zone of interests” of the B-1 business visitor classification set out in the Immigration and Nationality Act (“INA”) and sua sponte dismissed the suit for lack of subject matter jurisdiction. [read post]
Section 230 Doesn’t Protect App Stores That Sell Virtual Chips for Casino Apps–In re Apple App Store
6 Sep 2022, 9:25 am
The judge also offers unsolicited negative thoughts about 230 and certifies (sua sponte!) [read post]
2 Sep 2022, 5:20 am
Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the Patent Trial and Appeal Board (PTAB) finding that the PTAB did not improperly place the burden of persuasion for proving unpatentability of proposed substitute claims raised sua sponte by the Board on Nike and that substantial evidence supports the PTAB’s obviousness analysis. [read post]
2 Sep 2022, 5:20 am
Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the Patent Trial and Appeal Board (PTAB) finding that the PTAB did not improperly place the burden of persuasion for proving unpatentability of proposed substitute claims raised sua sponte by the Board on Nike and that substantial evidence supports the PTAB’s obviousness analysis. [read post]
1 Sep 2022, 8:12 am
We thus find it unnecessary to determine here whether, in an inter partes review, the petitioner or Board bears the burden of persuasion for an unpatentability ground raised sua sponte by the Board against proposed substitute claims. [read post]
31 Aug 2022, 6:38 pm
” Finally, judges do what they want with Sua Sponte orders…because most sua sponte orders are not final order and are, thus, unappealable. [read post]
31 Aug 2022, 7:46 am
HCCH 2019 Judgments Convention Repository In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. [read post]
26 Aug 2022, 11:15 am
This week in Other Barks & Bites: USPTO Director Vidal grants sua sponte review of IPR institution decisions to clarify the General Plastics factors; the Ninth Circuit rules that secondary meaning only needs to identify a single source, not a particular source, to support trade dress infringement claims; the Fifth Circuit affirms the dismissal of a trademark suit against merchandising agents for failure to join Jackson State University, which holds an interest in the underlying mark;… [read post]
26 Aug 2022, 11:15 am
This week in Other Barks & Bites: USPTO Director Vidal grants sua sponte review of IPR institution decisions to clarify the General Plastics factors; the Ninth Circuit rules that secondary meaning only needs to identify a single source, not a particular source, to support trade dress infringement claims; the Fifth Circuit affirms the dismissal of a trademark suit against merchandising agents for failure to join Jackson State University, which holds an interest in the underlying mark;… [read post]
25 Aug 2022, 9:15 am
Patent and Trademark Office (USPTO) Director Kathi Vidal on August 22 issued a decision granting sua sponte Director Review and Affirming the Decision on Institution in Zynga Inc. v. [read post]
