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7 Jan 2011, 9:09 am
It is certainly clear the tabloids now set little store by the Act. [read post]
6 Jan 2011, 5:25 am
Nevertheless, it could be argued that the key factors that come into play when a district court judge considers whether to grant a stay are whether the movant is a direct competitor, whether the reexamination is ex parte or inter partes, the stage of the reexamination proceeding, the status of the claims under reexamination, the stage of the litigation, and the status of discovery. [read post]
6 Jan 2011, 5:25 am
Nevertheless, it could be argued that the key factors that come into play when a district court judge considers whether to grant a stay are whether the movant is a direct competitor, whether the reexamination is ex parte or inter partes, the stage of the reexamination proceeding, the status of the claims under reexamination, the stage of the litigation, and the status of discovery. [read post]
5 Jan 2011, 9:01 pm
“Assange got on the phone and explained, falsely, according to Davies, that ‘it was always part of the agreement that I would introduce television at this stage. [read post]
5 Jan 2011, 8:52 am
(It’s not clear from the opinions whether Steve Simkin was a “net winner” from the Madoff scheme or a true victim. [read post]
5 Jan 2011, 7:56 am
But the present federal prosecutor argues, we have jurisdiction because he could have gotten 1 year, or the restraining order was issued, albeit ex parte and without an opportunity to challenge it [read post]
5 Jan 2011, 12:30 am
See State ex rel. [read post]
4 Jan 2011, 4:08 pm
Willfulness "[T]o establish willful infringement, a patentee must show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent. [read post]
4 Jan 2011, 11:00 am
And you know, from my perspective, if there’s not a divorce and Section 30 of the Family Law Act is pretty clear-cut. [read post]
3 Jan 2011, 3:01 pm
There can be no such denial if a Board of Appeal, after hearing the appellant in ex parte proceedings, or both or all parties in inter partes proceedings, subsequently reaches its own conclusion which is then recorded in its written decision. [9] That in the present case the Board did not at the OPs indicate, or invite comments on, its own conclusion cannot be a denial of the right to be heard, let alone a denial amounting to a fundamental procedural deficiency. [read post]
3 Jan 2011, 5:17 am
The consequence of a USPTO determination that any of the information in the request for supplemental examination raises a substantial new question of patentability would be a reexamination proceeding which differs from the usual ex parte reexamination in two principal respects. [read post]
3 Jan 2011, 5:17 am
The consequence of a USPTO determination that any of the information in the request for supplemental examination raises a substantial new question of patentability would be a reexamination proceeding which differs from the usual ex parte reexamination in two principal respects. [read post]
2 Jan 2011, 6:38 am
My ex-wife used to roll her eyes when I said, as one does, non haec in foedera veni [Lord Radcliffe in Davis Contractors Ltd v. [read post]
31 Dec 2010, 9:49 am
Ex parte Blattner involved an application claiming priority to a Chinese application. [read post]
31 Dec 2010, 1:15 am
Second time around Having been a part of that fiasco I am concerned for the coming year. [read post]
30 Dec 2010, 2:29 pm
I see Herring as a relatively routine application of that principle: Herring weighs the costs and benefits of an exclusionary rule over the general category of arrests made as a result of merely negligent errors in police databases.Of course, the tricky part of this programmatic weighing is that it’s never really clear ex ante what the category should be over which the costs and benefits must be measured. [read post]
30 Dec 2010, 6:00 am
The following memo was sent in by our friends at Gibson, Dunn & Crutcher. [read post]
28 Dec 2010, 6:18 pm
The source in question, an ex-hacker named Adrian Lamo, often sees himself as at the center of important events in need of public attention. [read post]
28 Dec 2010, 1:08 pm
So the general rule is that a judge has legal authority to lower bail ex parte. [read post]
27 Dec 2010, 10:45 am
In Ex parte Benson, the BPAI explored the issue of how the claim term "embedded" should be construed. [read post]
