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8 Jan 2014, 4:00 am by Administrator
Canada (Citoyenneté et de l’immigration) 2009 CF 629 (CanLII) [An English version of the judgment, which received a lot of interest from Tunisia, is available here.] [1] Il s’agit d’une demande de contrôle judiciaire en vertu du paragraphe 72(1) de la Loi sur l’immigration et la protection des réfugiés, L.C. 2001, c. 27 (la Loi), à la suite d’une décision de l’agente d’immigration Nicole… [read post]
5 Dec 2009, 10:49 am by Armand Grinstajn
It follows from these provisions and from the principle "delegatus non potest delegare" that the power to examine a patent application and to decide on it according to A 96 and A 97 EPC 1973 has to be exercised personally by the examiners in charge of the application (cf. [read post]
20 Aug 2010, 11:48 am
., 186 AD2d 542, 543 [2nd 1992]; Gutin v Gutin, 155 AD2d 586, 587 [2nd 1989]; cf., Kramer, Levin, Nessen, Kamin & Frankel v Aronoff, 638 F Supp 714 SDNY 1986]).The court also granted the Carothers defendants' cross motion to amend their answer to assert four counterclaims against plaintiff, holding: Here, although the note of issue has been filed there can be no doubt that the allegations raised in the Carothers defendant's counterclaims are not a surprise to plaintiff. [read post]
21 Jan 2009, 5:23 pm
Because rigid adherence to Saucier departs from the general rule of constitutional avoidance, cf., e.g., Scott v. [read post]
16 Dec 2008, 9:03 am
., 66 NY2d 444, 448, 488 NE2d 466, 497 NYS2d 645 [1985]; cf. [read post]
17 May 2010, 3:16 pm by Oliver G. Randl
This subject-matter is encompassed by the original application but not disclosed as such therein.The Board is of the opinion that for this reason alone the requirements of A 123(2) are not complied with because for the skilled person, in the absence of any indication, the new combination of features is not directly and unambiguously derivable from the original application.[1.6] In addition, the two other ranges for the carrier material and for the small component are also disclosed in the original… [read post]
19 Feb 2012, 5:01 pm by Oliver G. Randl
However, the [opponent’s] difficulties in finding documents within its own company is a self-created situation lying entirely within its own sphere of responsibility, which is not a reason to justify the admission of the late-filed documents purportedly showing a prior use (cf. [read post]
16 Apr 2024, 8:41 am by Stephen E. Sachs
(The other parts of the dormant commerce test, derived from the Complete Auto case, could likely be satisfied too; and there's no rule against taxing illegal activities—cf. how they got Capone.) [read post]
9 Aug 2017, 3:46 pm by Kevin
See also GRTK #17 & 17.1 (beer pong); #19 (Monopoly); #34 (chess); cf. #57 (excluded from Monopoly tournament for “unsportsmanlike conduct” the previous year). [read post]
19 Jul 2012, 4:06 am by Andrew Lavoott Bluestone
Lance International, Inc. v First National City Bank, 86 AD3d 479, 480 [1st Dept 2011] [dissolved corporation lacks capacity to sue unless in the course of winding up its affairs]; cf. [read post]