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6 Oct 2009, 8:58 am by A. Benjamin Spencer
§ 636(b)(1)(A) or (3).Lower courts are split on this question,FN1 and there is no definitive ruling from the governing United States Court of Appeals for the Fifth Circuit. [read post]
15 Feb 2018, 2:00 pm by Mike Mireles
  An alleged infringer could conceivably quickly raise patent eligible subject matter and get a claim dismissed on either a 12(b)(6) motion for failure to state a claim or a motion for summary judgment. [read post]
United States that the term “mistake” in Federal Rule of Civil Procedure 60(b)(1) “includes a judge’s errors of law. [read post]
31 Jan 2019, 11:23 am by Lawrence B. Ebert
In re Land, 368 F.2d 866, 879 (CCPA 1966) (“[A]ninvention made jointly by A & B cannot be the sole invention of A or B . . . . [read post]
27 Mar 2008, 4:14 pm
I'm a little bit concerned that such requests don't neatly fit into the typical Rule 60 mode (witness, for example, the misfit between the "mistake" here and the typical Rule 60(b)(1) "mistake" that gives rise to the judgment itself), and think that there are some Rule 60 constraints that aren't mentioned by Judge Tashima that might give rise to problems in the habeas context (e.g., the one-year limitation on several Rule 60(b) categories), but… [read post]
3 Aug 2009, 10:05 am
On July 31, 2009, the Michigan Supreme Court released its opinion in Potter v. [read post]
7 Jul 2007, 10:48 pm
In an earlier post, I discussed some of the constitutional issues involved in ACLU v. [read post]
13 Jan 2011, 8:00 am by Jennifer S. Taub
Reviewing the briefs and the December 7, 2010 argument before the Supreme Court in Janus v. [read post]
11 Mar 2010, 9:37 am by Dave
We have been aware of Coombes v LB Waltham Forest (Sec of State intervening) noted at [2010] All ER (D) 59 and on Lawtel, decided on 08.03.2010 in an extempore judgment (Cranston J), but waiting for the full transcript to be provided by the High Court. [read post]
11 Mar 2010, 9:37 am by Dave
We have been aware of Coombes v LB Waltham Forest (Sec of State intervening) noted at [2010] All ER (D) 59 and on Lawtel, decided on 08.03.2010 in an extempore judgment (Cranston J), but waiting for the full transcript to be provided by the High Court. [read post]