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6 Mar 2017, 4:34 pm by Lawrence B. Ebert
J.A. 93.Whether Sprint’s backhaul networks actually constitutesuch an aggregate network, as Mr. [read post]
3 Mar 2017, 8:32 am by Lawrence B. Ebert
J.A. 2127. (...)We hold that “an entire oscillator disposed upon saidintegrated circuit substrate” is “an oscillator locatedentirely on the same semiconductor substrate as thecentral processing unit that does not require a commandinput to change the clock frequency and whose frequencyis not fixed by any external crystal. [read post]
26 Feb 2017, 4:00 am by Administrator
Justice Rowe would have allowed the appeal, based on the dissenting reasons of Newbury J.A., as set out in paras. 22-26 of her reasons. [read post]
10 Feb 2017, 2:31 pm
This post examines a recent opinion from the U.S. [read post]
3 Feb 2017, 5:26 pm by Lawrence B. Ebert
” Before the district court, 3form did “notdispute [whether] the ’327 Patent [Schober] describes theuse of polycarbonate,” J.A. 1022, 1028, and it never specificallyargued or articulated why Schober’s use of polycarbonatewould impact the “substantially natural appearingconformation” limitation, as it does now for the first timeon appeal. [read post]
31 Jan 2017, 8:18 am by Simran Bakshi
 In other words, if the “contractor” works like an employee, is managed like an employee, and overall appears to be like an employee, chances are this “contractor” is actually an employee under Ontario employment law.As the Supreme Court of Canada perhaps more eloquently summarized:47      Although there is no universal test to determine whether a person is an employee or an independent contractor, I agree with MacGuigan J.A. that a… [read post]
Writing for a unanimous Court, Savage J.A. held that the issue of whether to allow the amendment was a question of mixed fact and law and that leave to appeal should not have been granted. [read post]
25 Jan 2017, 9:21 am by Ron Coleman
Supp. 3d at 437–38 (citing J.A. 350–51). [read post]
17 Jan 2017, 7:27 pm
Justice Pearlman wrote:[75]    At paras. 113 and 114, Bennett J.A. stated:[113] The nature and scope of property interests that a person can have in human sperm need not be decided on the facts of this case. [read post]
17 Jan 2017, 6:34 pm by Robichaud
On May 10, 2016 the sentencing appeals were heard and a decision was rendered by the Ontario Court of Appeal (Epstein, Pepall, and van Rensbrug JJ.A. presiding [Epstein J.A. writing for the Court]). [read post]
5 Jan 2017, 10:14 am by Lawrence B. Ebert
§ 112 ¶ 2.1 For the reasons that follow, we reverse thedetermination of indefiniteness and hence the summaryjudgment of invalidity.Within the litigation:During claim construction, Appellees initially askedthe district court to construe “visually negligible,” J.A.2430, but, when they retained new counsel, proposed thatthe term be given its ordinary meaning, J.A. 2434–36.Sonix agreed with an ordinary-meaning construction, andso the district court did not… [read post]