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2 Jan 2023, 3:03 pm by Lawrence B. Ebert
UnumProvident Corp., 464 F.3d 1260, 1272 (11th Cir. 2006) (“Under § 1292(b), appellate review, even for certified questions, is discretionary . . . . [read post]
Nationwide Property and Casualty Insurance Co., 505 F.3d 401 (6th Cir. 2007), the Sixth Circuit held that a disclaimer in a complaint, regarding the amount of recoverable damages, does not preclude a defendant from removing the matter to federal court upon a demonstration that damages are more likely than not to meet the amount in controversy requirement. [read post]
4 Apr 2013, 11:20 pm by Florian Mueller
Nokia takes no position on any of the other substantive issues on appeal in this matter." [read post]
2 Dec 2022, 11:03 am by Uthman Law Office
The California Supreme Court granted review and transferred the matter back to the Court of Appeal  with directions to “issue an opinion that addresses which constitutional provision governs the denial of bail in noncapital cases—article I, section 12, subdivisions (b) and (c), or article I, section 28, subdivision (f)(3), of the California Constitution — or, in the alternative, whether these provisions can be reconciled. [read post]
5 Nov 2018, 6:22 am by Lawrence B. Ebert
§ 102(b)3 is a legal conclusion based onunderlying factual determinations. [read post]
13 Sep 2018, 10:27 am by Lawrence B. Ebert
The parties dispute whether the ABT Catalog qualifiesas a “printed publication” under pre-AIA § 102(b).Whether a reference qualifies as a “printed publication” isa legal conclusion based on underlying factual findings.Jazz Pharm., 895 F.3d at 1356. [read post]
6 Apr 2013, 3:03 pm by Gregory J. Brodzik
Under Rule 41(a)(1)(B), “[i]f the plaintiff files a second notice of dismissal pursuant to Rule 41(a)(1), the Court must dismiss an action based on or including the same claim with prejudice. [read post]
3 Aug 2011, 1:24 pm
In any case, the Kat struggles to think of what patent related matters could be enacted on the other side of an actual pond that would: (a) be sufficiently important to grace the pages of this blog; and (b) have come to the Kat’s attention in any case. [read post]
13 Oct 2023, 9:35 am by John-Paul Boyd KC
These statements give me a buffet of uncontested facts from which to draw without the necessity of reconciling the version of events provided by Party A with those provided by Party B. [read post]