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3 May 2013, 4:48 am by Rebecca Tushnet
Hargis Industries, Inc., --- F.3d ----, 2013 WL 1810614 (8th Cir.) [read post]
22 Apr 2019, 9:48 am by MOTP
When moving to dismiss under Rule 12(b)(1) for lack of subject matter jurisdiction, a defendant can make a facial or factual challenge. [read post]
13 Aug 2018, 8:18 am by Lawrence B. Ebert
Accordingly, the District Court had subject matter jurisdiction over thisclaim “[b]ecause inventorship is a unique question ofpatent law. [read post]
7 May 2013, 2:11 pm by Lawrence B. Ebert
But “good cause” is required to be shown under Rule 26(b)(1) only if seeking broad discovery of “matter[s] relevant to the subject matter involved in the action. [read post]
10 Sep 2022, 2:42 pm by Lawrence B. Ebert
AND As a threshold matter, we first note that Mr. [read post]
20 Dec 2007, 11:04 pm
§ § 3742(a)(4) and 3742(b)(4), there is no practical difference between Booker's "unreasonableness" review and the "plainly unreasonable" standard in § § 3742(a)(4) and 3742(b)(4). [read post]
26 Jan 2015, 11:08 am
(Kikkerland Design Retro alarm clock / handout photo) An interesting opinion, in In the matter of B & G (Eng. [read post]
22 May 2024, 9:08 am by Daniel M. Kowalski
Wolf, 943 F.3d 853, 861 (9th Cir. 2019) (internal quotation marks omitted). [read post]
9 Jun 2014, 10:08 pm by Lawrence B. Ebert
§ 41.77(b)); see also Stepan, 660 F.3d at 1343 (“[I]f the appellant has not had a full and fair oppor- tunity to litigate the Board’s actual basis of rejection, the administrative validity proceedings before the [PTO] should be allowed to continue. [read post]
6 Apr 2009, 8:11 am
Although it is well known that those amendments included the so-called time computation amendments, there were also several non-time computation amendments that were approved, including the following:- Rule 13(f) was abrogated.- Rule 15(a) will be amended to permit amendment as a matter of course within 21 days of service of a motion under Rule 12(b), (e), or (f) or 21 days after a responsive pleading has been filed, whichever is earlier. [read post]