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24 May 2017, 2:50 am by Roel van Woudenberg
However, for the reasons given below, this question does not need to be answered in the present case, where also the patent proprietor appealed the decision and did not withdraw its appeal.1.3 As a matter of principle, the boards of appeal have to examine the question of party status ex officio before dealing with the substance of the case (cf. [read post]
5 Jun 2012, 5:01 pm by Oliver
This also means that it does not define a multiplicity of varieties which necessarily consists of s [read post]
13 Jan 2019, 11:30 pm by Guido Paola
With a letter dated 26 March 2018, the appellant submitted auxiliary requests VI to XI and arguments.XIII. [read post]
27 Feb 2024, 5:50 am by Preston Lim
The proportionality requirement does not pose real challenges in this context, but the seizure of Russian central bank assets likely does not comply with the other requirements of the counter-measures doctrine. [read post]
22 Jun 2010, 1:46 pm by Christopher Simon
Unlike the dissent, we refuse to unnecessarily weaken legislative protection of consumers so that restaurants who serve customers hidden, disgusting objects, as here, are protected as long as the customer does not actually eat the object or the object subsequently tests benign. [read post]
19 Nov 2009, 4:13 pm by Hedge Fund Lawyer
The Account Statement must be signed in accordance with paragraph (h) of this section. (1) The portion of the Account Statement which must be presented in the form of a Statement of Operations must separately itemize the following information: (i) The total amount of realized net gain or loss on commodity interest positions liquidated during the reporting period; (ii) The change in unrealized net gain or loss on commodity interest positions during the reporting period; (iii) The total amount of net… [read post]
27 Jul 2011, 7:53 pm by The Legal Blog
The term an appeal does not restrict it to only one appeal in the High Court. [read post]
31 Mar 2011, 11:08 am by Bexis
  She is a vote the plaintiffs pretty much have to have to win.Again, the generics’ counter was the Buckman proposition – that common-law plaintiffs shouldn't be suing over what manufacturers did or did not do vis a vis the FDA.But Buckman was also a practical decision, Justice Roberts pointed out. [read post]
11 Sep 2010, 11:37 pm by Steve Vladeck
  The Identity of the Enemy One of the most remarkable things that the Graham bill does--in two separate places--is provide for the potentially fundamental expansion of the scope and nature of the armed conflict Congress authorized in the September 2001 Authorization for the Use of Military Force (AUMF). [read post]
3 Aug 2023, 4:49 am by Ralf Michaels
EU law does not expressly prohibit such derogation. [read post]
28 Jul 2015, 1:34 pm by Anthony B. Cavender
Asarco LLC, that the Bankruptcy Code does not permit a Bankruptcy Court to award attorney’s fees for work performed defending a fee application. [read post]
6 Aug 2023, 5:40 am by Joel R. Brandes
 August 2, 2023Appellate Division, First DepartmentAge 29 Law allows unmarried children through age 29, regardless of financial dependence, to be covered under a parent’s group health insurance policy  In B.D. [read post]
6 Jun 2017, 1:50 pm by Giles Peaker
Does the policy have a legitimate aim of sufficient importance that it could justify a restriction on the claimant’s right not to be discriminated against? [read post]
3 Apr 2012, 7:15 am
Does Directive 2006/24 ... on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (the Data Storage Directive), and in particular Articles 3, 4, 5 and 11 thereof, preclude the application of a national provision which is based on Article 8 of Directive 2004/48 ... on the enforcement of intellectual property rights [the Enforcement… [read post]
8 Dec 2010, 1:13 pm by admin
The rule does not apply to common areas, such as the roof or the exterior walls of an apartment building. [read post]
11 May 2010, 3:02 pm by Oliver G. Randl
It does however move to the successor in title in case of universal succession such as a takeover or merger of legal persons. [read post]