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7 Sep 2019, 4:08 am by Hon. Richard G. Kopf
To our minds, that makes his criticism harder, not easier, to defend. [read post]
19 Jan 2011, 8:47 am by Carl Folsom
All written comments will be distributed to the full Commission for its review.Here is coverage of the applicants by the CJonline and by the LJWorld. [read post]
5 May 2007, 1:58 pm by Denese Dominguez
Frederick Motz.In response to a pro se action, State defendants filed a motion to dismiss or for summary judgment and were granted the motion to dismiss.The Court found that Davis' claims arose out of a peer review process in which defendants were engaged, and the law is clear that to the extent Davis was seeking monetary damages against defendants, all of them were entitled to absolute immunity in connection with their peer review activities.Further, to the… [read post]
29 Sep 2009, 5:39 am
Although courts have found variously worded assignments to include CIPs, Defendants are correct that there is no binding precedent holding that an assignment with the exact terms cited [all "rights, title and interest" in "the inventions covered thereby and any division, reissues, continuations and extensions thereof"] includes CIPs. [read post]
12 Dec 2008, 8:47 am
Moreover, the examiner who was informed of all of the identified compounds in the [prior art] did not determine that the compound selected [for testing] was not the closest prior art compound. [read post]
5 Mar 2009, 11:35 pm
If the claims are similar enough to warrant collateral estoppel, then the burdens of litigating all of the claims may not be as great as Defendants suggest. [read post]
4 Nov 2011, 12:30 am by John Diekman
Practice point: A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of demonstrating, prima facie, that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it.Student note: Once a defendant has actual or constructive notice of a dangerous condition, the defendant has a reasonable time to undertake remedial actions that are reasonable… [read post]
30 Aug 2010, 2:34 pm
Even if the criminal defendant is found "not guilty" of all charges in criminal court, the MVA may still suspend the defendant's driver's license on separate grounds. [read post]
2 Sep 2008, 8:24 am
R v B and others: [2008] WLR (D) 296 “Where one of several defendants in the same criminal proceedings became unfit to stand trial before a jury had been empanelled there was nothing in principle to prevent a single empanelled jury subsequently proceeding to hear the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking to the question whether he had committed the actus reus of the relevant offence. [read post]
16 Jan 2018, 7:45 am by David
So, be careful out there: this creates a real mess because now you’re going to have to assert every possible patent for infringement, and if a new one issues, you better move to amend and hope the judge grants the motion, or doesn’t, because then you’ll be starting all over again with discovery, claim differentiation issues, and so on…  If you’re a defendant, maybe you should consider seeking a declaration as to patents the plaintiff owns, but… [read post]
5 May 2014, 10:49 am by Stephen Bilkis
The plaintiff asserts at this point that all of the pretrial proceedings have been completed and now moves for trial. [read post]
5 May 2014, 10:49 am by Stephen Bilkis
The plaintiff asserts at this point that all of the pretrial proceedings have been completed and now moves for trial. [read post]
Most often, the agreement is that the plaintiff will withdraw their case against the defendant and in return, the defendant will provide some amount of compensation to the plaintiff. [read post]
14 May 2014, 7:05 am by Docket Navigator
[Plaintiff] argues these agreements are relevant to show 'how [defendant] splits the benefit of the invention with partners.' What [defendant] shares with [a nonparty] for Angry Bird downloads or for advertisements on partner websites has no bearing at all on predicting how much of the incremental profits [defendant] would share with [plaintiff] for a bare, non-exclusive license covering part of a location platform that [defendant] develops… [read post]
10 Apr 2013, 7:25 am by Docket Navigator
Thus, there is at least one common claim of patent infringement against all defendants for the same accused product. . . . [read post]
8 May 2014, 6:00 am by Daniel E. Cummins
   The court granted the Motion to Remand after noting that the Plaintiff and the two claims representative Defendants were all citizens of Pennsylvania. [read post]
31 Mar 2009, 7:44 pm
  That all the jurors would swear they could honor the defendant's right not to testify, but didn't mean it. [read post]
8 Jun 2022, 4:31 am by umbrella
   If your former partner is appealing the denial of spousal support or the amount awarded, you should similarly reach out to a family lawyer to ensure that you are taking the appropriate steps to defend your rights. [read post]
8 Jun 2022, 4:31 am by umbrella
   If your former partner is appealing the denial of spousal support or the amount awarded, you should similarly reach out to a family lawyer to ensure that you are taking the appropriate steps to defend your rights. [read post]