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23 Dec 2014, 12:05 pm by Jesse Salen
If the examiner determines that the claimed subject matter is directed towards a judicial exception (i.e., an abstract idea, naturally occurring phenomenon, or law of nature), than the analysis proceeds to part B of the test. [read post]
2 Dec 2014, 6:51 pm by Rebecca Tushnet
  This is of course completely wrong: the registration covers all the goods listed, traveling in all the channels in which such goods ordinarily travel unless there's an explicit restriction, at any price, and also covers the mark as registered and does not include matter that's not part of the registration. [read post]
11 Apr 2011, 5:20 am by Jason Poblete
Maybe its time for folks on the Hill and the Obama Administration to take a closer look at this matter before a bad case of seller’s remorse. [read post]
7 Feb 2014, 2:08 pm
Posted by: Adam EllsworthThe MPEP contains a very specific rule at section 2181(II)(B) directed to the interpretation of means-plus-function claims to determine if the claim is directed to patent-eligible subject matter. [read post]
15 Nov 2019, 9:48 am by luiza
Executives discussed with competitors how they handled the matter, but ultimately decided to pocket what the company owed. [read post]
23 May 2007, 4:39 am
Hence, the Complaint could not withstand a 12(b)(6) motion:In applying these general standards to a §1 claim, we hold that stating such a claim requires a complaint with enough factual matter (taken as true) to suggest that an agreement was made. [read post]
28 Apr 2022, 12:00 am
R.C.P. 1030(b), it is provided that the affirmative defenses of assumption of the risk and contributory negligence need not be pled. [read post]
29 Nov 2011, 2:58 pm by James Hamilton
Section 16(b) is 99% of the time irrelevant without a 16(a) filing, he emphasized, adding that as a matter of logic it makes no sense to provide the one who violates 16(b) an escape liability because they also violate 16a. [read post]
29 Apr 2014, 2:45 pm
The BIA reasoned that once a person becomes a lawful permanent resident pursuant to adjustment of status under section 209(b), that person no longer holds the status of an asylee, and therefore cannot adjust status as an asylee under section 209(b). [read post]
29 Aug 2013, 4:04 pm by Gregory Forman
Rather than guess at the Plaintiff’s basis for claiming subject matter jurisdiction is proper, one can file a § 63-15-346(B) motion and demand this information before filing a 12(b)(1) motion. [read post]
Barclays moved to dismiss the complaint for lack of subject matter jurisdiction under Rule 12(b)(1) and for failure to state a claim under Rule 12(b)(6). [read post]
18 Mar 2019, 3:52 am by Joy Waltemath
When the employee learned of the letters, he notified his Infosys supervisor, who declined to discuss the matter. [read post]
12 Mar 2010, 9:22 am
The real reason I do this is to illustrate the point that a good criminal defense attorney always has a Plan B no matter how strong a case he believes he has. [read post]
18 Oct 2016, 2:02 pm by Gregory Forman
In theory Mother could have collaterally attached the removal order through a Rule 60(b)(4) motion, but she did not do that. [read post]
28 Mar 2014, 5:19 pm by Stephen Bilkis
The court may further decide the matter upon pleadings, papers and admissions to the extent that no triable issues of facts are raised. [read post]
23 Jun 2007, 12:15 pm
But what the hey, Cheney says it does not matter if the President says he has to or not, the Vice President is NOT a part of the Executive Branch so the President has no rulemaking power over him anyway. [read post]