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19 Mar 2012, 6:01 pm
In this respect, the [opponent] cited inter alia decisions T 932/93 and T 358/08, which confirmed that a request according to R 99(1)(c) could be implicit, the extent of the appeal being a matter for the grounds of appeal. [read post]
9 Aug 2016, 1:07 pm
Rule 35 does not incorporate Rule 32's requirement that the court make findings on disputed or controverted matters. [read post]
16 May 2018, 7:15 am
Following a jury trial, the court granted plaintiff's motion for judgment as a matter of law because the asserted claims of plaintiff’s labrador retriever genotyping patent encompassed unpatentable subject matter and found that the claims were directed toward a natural phenomenon. [read post]
20 Dec 2011, 11:20 am
When asked what Deutsche Telekom plans to do with its U.S. assets now that the AT&T deal has unraveled, a company spokesman said: “There’s no Plan B. [read post]
29 Nov 2019, 1:52 pm
To survive a motion to dismiss under CIT Rule 12(b)(6), the complaint must contain sufficient factual matter to state a claim to relief that is plausible on its face. [read post]
19 Nov 2016, 5:22 am
The Court ruled that "the mailing of a copy of the order and findings of fact to a party of the proceedings satisfied the requirements of § 439 (e) and [22 NYCRR] 205.36 (b)" and that "neither the Family Court Act nor [22 NYCRR 205.36 (b)] specifically requires that the Clerk of Court shall mail a copy of the Support Magistrate's order and decision to a party's attorney. [read post]
2 Nov 2022, 6:31 pm
B took the matter to the General Court, where he again lost. [read post]
26 Nov 2014, 11:49 am
Thus, it doesn’t matter if Rules 373 and 12(b)(3) might permit proof of mailing by a legible postmark, since plaintiff didn’t have one – the APC label indicated that the plaintiff might have mailed his envelope on April 3, but nothing more. [read post]
30 Oct 2020, 6:24 am
J-B Weld’s evidence included “communications from Gorilla Glue’s packaging design team that repeatedly referenced J-B Weld Original’s packaging and expressed a desire to use similar elements for GorillaWeld’s packaging. [read post]
30 Mar 2013, 12:01 pm
A source of solace for the appellant’s attorneyThe decision on this appeal against the revocation of the opposed patent by the Opposition Division contains two interesting passages.Claim 1 of the main request before the Board read:A disposable absorbent article in the form of a diaper having an absorbent structure comprising an absorbent core (3) which is coated with absorbent sheets (3A, 3B) to thereby form the absorbent structure and disposed between a liquid pervious sheet (1)… [read post]
24 Feb 2011, 3:01 pm
The board thereby follows the well-established case law on the interpretation of R 86(4) EPC 1973 see, e.g., T 708/00 [17], T 274/03 [5,6] and T 141/04 [5], it being noted that R 86(4) EPC 1973 has the same wording as R 137(4) (as in force at the date the ED took its decision), which, as from 1 April 2010, is included in R 137(5). [read post]
30 Oct 2019, 1:05 pm
One type is granting protection to matter that hasn’t earned protection—doesn’t actually function as a mark; aren’t used in a TM way. [read post]
7 Jun 2019, 1:12 pm
§ 1158(b)(1)(B)(i). [read post]
24 Sep 2007, 7:32 am
Again, this case is a little different in that the pre-verdict motion for judgment as a matter of law is still pending - it wasn't denied during trial - so the issues raised by that motion are ripe now - the Court doesn't need to wait for a Rule 50(b) motion after entry of judgment, and can consider those issues immediately. [read post]
31 Mar 2017, 11:22 am
True that plaintiffs often look to compilation as fallback; but usually unprotectable not b/c missed one category but b/c it wasn’t original or was functional. [read post]
2 Nov 2021, 2:14 pm
This was common ground, however, Mr B pointed out he had not accepted the cheque, didn’t want the deposit returned and had never cashed it. [read post]
24 Jan 2018, 6:38 am
European patent No. 1 773 302, filed on 16 February 2005 and claiming the priority date of 23 July 2004 from US application 10/898061 (D1), was opposed on the ground that its subject-matter lacked novelty and inventive step (Article 100(a) EPC) and was insufficiently disclosed (Article 100(b) EPC).The following documents were among those cited during the first-instance proceedings:D1: US2005/0152971 (application No. 10/898061), filed on 23 July 2004, priority application of the… [read post]
4 Aug 2017, 7:15 am
Post-published evidence in support that the claimed subject-matter solves the technical problem the patent in suit purports to solve may be taken into consideration, if it is already plausible from the disclosure of the patent that the problem is indeed solved (see Case Law of the Boards of Appeal, 8th edition, I.D.4.6; T 1329/04, point 12 of the Reasons; T 1043/10, point 12 or the Reasons).Thus, for post-published evidence to be taken into account, it is necessary to… [read post]
28 Jun 2023, 8:26 am
This raises the question: How much does a victim’s testimony truly matter in a Broward domestic violence case? [read post]
19 Feb 2015, 10:05 am
"Said Herald Price Fahringer who represented Larry Flynt at trial — and also Al Goldstein and Claus von Bülow and Jean S. [read post]
