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21 Oct 2008, 4:00 pm
To download a copy of the Appellate Division's decision, please use this link: Matter of Female Infant B. [read post]
15 Mar 2012, 8:35 am
It couldn't be presumed that all members of the class were deceived by Synapse’s postcards. [read post]
17 Nov 2017, 3:46 pm
 I think it's abundantly clear that there's no controlling California Supreme Court precedent that governs the issue as to whether California requires the (b)(3) prerequisites to be met even in (b)(2) -- or, for that matter, (b)(1) -- cases.So there's flexibility there.And there's substantial reason to make the rules different. [read post]
18 Oct 2016, 2:02 pm by Gregory Forman
When Mother didn’t appeal the removal order, she established “the law of the case,” and that law established subject matter jurisdiction in South Carolina. [read post]
It will take years of court decisions to flesh out what “fair notice” and “public interest” mean, but the answer probably won’t matter since “could constitute” is a license to substitute possibilities for probabilities in the elements of all violations. [read post]
26 Sep 2013, 5:01 pm by oliver randl
It therefore provides the means to stop applicants, in reply to the first communication, dropping existing claims, replacing them by switching to unsearched and non-unitary subject-matter extracted from the description, i.e., claiming different subject-matter in sequence rather than simultaneously (T 274/03 [4], T 915/03 [3], T 1285/11 [2]). [read post]
3 Jul 2017, 8:31 am by Rebecca Tushnet
”  Because of the “massive amount of attention” paid to FilmOn’s relationship to copyright infringement, DoubleVerify’s reports clearly concerned a matter of interest to the public. [read post]
10 Oct 2023, 11:25 am by Rebecca Tushnet
The court dismissed the claims, mainly because the advertisements were not misleading as a matter of law. [read post]
26 Aug 2009, 2:19 pm
Plus, I haven't handled a family law matter in least 15 years. [read post]
17 Nov 2013, 5:01 pm by oliver randl
A further repetition of the process of Example 8 performed by the appellant, the experimental details of which were provided in Annex B of letter dated 8 March 2013, confirmed said conclusion. [read post]
5 Jun 2012, 5:01 pm by Oliver
Furthermore, in its written submissions in the aftermath of the EBA’s decision G 1/08, [the opponent] presented several arguments as to why the product claims contained in [the patent proprietor’s] requests should be regarded as non-patentable under A 53(b). [read post]
8 Nov 2012, 5:01 pm by oliver randl
Moreover, the technical features S, T and U relating to the user interface and screen display apparatus are defined with reference to the dialysis machine and are closely related to its functional interaction therewith. [read post]
15 Apr 2024, 5:39 am by Jacquelyn Greene
The Juvenile Code defines a custodian in the context of a delinquency matter as “[t]he person or agency that has been awarded legal custody of a juvenile by a court. [read post]
30 Nov 2010, 3:01 pm by Oliver G. Randl
As a matter of fact, a comparative trial is also relevant if it shows that the alleged effect has its origin in the feature(s) distinguishing the invention from the closest prior art (see T 197/86 [6.3]). [read post]
30 Sep 2013, 5:01 pm by oliver randl
Therefore, the board agrees with the patentee’s statement in his notice of appeal that “the skilled person would have to choose from a variety of known approaches and the OD’s assumption of a one-way street situation is not correct”.Furthermore, both approaches A) and B) have the advantage over the approach used in the patent that no additional layer is required, which is consistent with the declared goal of D8 of a straightforward manufacturing… [read post]
3 Sep 2009, 4:35 pm by Tom Casagrande
Specifically, it might be useful to consider whether the complaint in this case could have been dismissed under rule 12(b)(6) if the plaintiff hadn’t attached copies of the offending ads and webpages. [read post]
30 Jan 2018, 6:44 am by Guido Paola
(b) The appellant was summoned to oral proceedings scheduled to take place on 6 October 2017. [read post]