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16 Sep 2012, 1:35 pm
Even when the domestic battery case is very weak and looks like it may eventually be dropped, in the early stages of the case the judge does not know much about the case and will put a no contact condition in a defendant's bond out of an abundance of caution. [read post]
2 Apr 2015, 3:41 pm by Lawrence B. Ebert
A court should also consult the patent’s prosecution history,which, like the specification, provides evidence of how thePTO and the inventor understood the claimed invention.Id.The outcomeBecause we conclude that the district courtdid not err in construing claim 1, weaffirm thegrant ofsummaryjudgment of noninfringementDefendant Rosen wins.Drafter's intent is not dispositive:TMI’s argument focuses on the drafter’sintent with respect to thedrafting of the original claims,… [read post]
30 Jan 2015, 1:00 am
  This harpoon mechanism (which, ECC contends, is in the form of a barbed hook within the capsule extraction housing) apparently stopped ECC’s capsules from working properly in Nespresso machines, and allegedly infringes ECC’s European patent EP2312978 B1 (“Bet that made them paws for thought” quips Merpel.)Naturally, Nestec disagrees with ECC’s assertions and does not believe the patent to be infringed. [read post]
30 Sep 2024, 12:00 am
Elderly people who are disoriented may forget that they need help to walk or use a wheelchair, but this does not mean that staff can physically restrain them to their beds at all times. [read post]
24 Dec 2009, 12:29 pm by Anthony J. Vecchio
However, under current law the refusal of a defendant to provide police with a blood sample during a DWI-DUI investigation does not constitute a crime under the criminal or motor vehicle laws. [read post]
15 Jun 2011, 2:22 pm
It does not seem fair, but this induendo about the law is supposed to make someone think before reacting unreasonably. [read post]
21 Jun 2018, 12:16 pm by umbrella
The post Supreme Court of Canada Finds Garage Does Not Owe Duty of Care to Teen Injured After Stealing Vehicle appeared first on Derfel. [read post]
27 Jul 2015, 5:01 am by James Edward Maule
It would be disappointing if that does not happen. [read post]
22 Jan 2013, 3:07 pm
Moreover, plaintiff-two’s verified complaint does not mention any fact regarding any plaintiff in the first complaint; and the felony complaint, certificate of disposition and sentencing minutes also make no reference to any plaintiff in the first complaint. [read post]
18 Jul 2019, 11:18 am by Ruth O'Meara-Costello
On the one hand, dismissal of charges based on the failure to provide a citation at the exact time and place required can feel like a technicality that does not further the safety purposes of these laws. [read post]
19 Feb 2010, 5:24 am by The Docket Navigator
Defendants' motion for partial summary judgment of invalidity for indefiniteness was granted in part as to claims containing the term "control means. [read post]
21 Mar 2014, 4:01 am by Andrew Frisch
Defendant appealed and the Eighth Circuit affirmed with respect to two of the plaintiffs, but reversed as to one. [read post]
1 Apr 2022, 4:02 am by SHG
The passage of time does not forgive or forget Araujo’s actions in this case. [read post]
An argument that the sentencing court failed to consider mitigating factors in favor of a lesser sentence does not present a substantial question appropriate for the court’s review. [read post]
An argument that the sentencing court failed to consider mitigating factors in favor of a lesser sentence does not present a substantial question appropriate for the court’s review. [read post]
21 Nov 2012, 11:44 am
The plaintiff is seeking a declaratory judgment stating that the mediation settlement agreement does not cover the claims made for accounting in the matter. [read post]