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13 Nov 2015, 6:51 am by Docket Navigator
Moreover, Defendant's argument that Plaintiff 'does not actually explain how any of the components identified by [Defendant] are not generic, let alone why any of those components actually make the claim less abstract under Step One' misreads Supreme Court and Federal Circuit precedent, which make clear that 'recitation of generic computer limitations does not make an otherwise ineligible claim patent-eligible,' but do not broadly hold… [read post]
10 Aug 2022, 3:41 am
This principle does not apply here, however, because a live case or controversy remained as to the fourth count. [read post]
10 Mar 2011, 7:34 am by South Florida Lawyers
¶ ¶ 28-32.)Defendant moves for judgment on the pleadings, claiming that the First Amendment to the United States Constitution is a prohibition on government action and Plaintiff has no First Amendment right to picket on Defendant’s private property. [read post]
17 May 2022, 6:11 am by Second Circuit Civil Rights Blog
It certainly does not look good that the Wlodys were videotaping the residents and trying to document noise and other matters. [read post]
7 Oct 2013, 5:43 am
The principal issue in this case is whether the trial court has jurisdiction to address a motion to correct an illegal sentence, filed pursuant to § 43-22, where the defendant's claim does not attack the legality of the sentence or the sentence proceedings. [read post]
6 Dec 2014, 1:53 pm by Kirk Jenkins
 Although the Cook County Forest Preserve District owns the land on which the defendant’s zoo sits, it does not own the zoo itself or all of the property involved in operating it. [read post]
7 Oct 2013, 5:43 am
The principal issue in this case is whether the trial court has jurisdiction to address a motion to correct an illegal sentence, filed pursuant to § 43-22, where the defendant's claim does not attack the legality of the sentence or the sentence proceedings. [read post]
8 Apr 2013, 10:31 am by Jeff Kosseff
  Defendant John Doe 1, who operated a website about the law school, sought a protective order and moved to quash the subpoena to his Internet service provider. [read post]
1 Nov 2013, 2:55 pm by Shahram Miri
If the litigant does not assert their claim within the applicable time frame, typically the filing of a lawsuit, their claim is time-barred and is subject to dismissal by the defendant. [read post]
12 May 2016, 12:08 pm by Patrick Bracher
Damage to their own work on the solar array that the insured was paid to construct does not constitute an accidental “occurrence. [read post]
28 Nov 2007, 6:05 am
Thus, with regard to APEX files, the issue is moot: Defendant cannot produce what does not exist. [read post]
2 Aug 2007, 10:58 am
I've only very quickly skimmed the opinion, but the bottom line is that the Supreme Court held that the UCL claim is preempted: We summarize: Plaintiffs' cause of action against defendant tobacco companies is based on two laws: Penal Code section 308 (which does not itself regulate advertising but is based on concerns about smoking and health) and the state unfair competition law (which does regulate advertising but is not itself based on concerns about… [read post]
15 Jun 2010, 5:32 am by Steve Shiffrin
Daniel Burke, writing in the Christian Century reports on a June 2 letter by Presiding Episcopal Bishop Katharine Jefferts Schori to Episcopalians defending the Church’s position on gays and lesbians and resisting Anglican efforts to centralize authority: “’Unitary control does not characterize Anglicanism; rather, diversity in fellowship and communion does,’ Jefferts Schori contended. [read post]
9 Jul 2016, 9:28 am by Gregory B. Williams
., July 1, 2016), the Court denied Defendants’ motion to dismiss for failure to state a claim after concluding that the representative claim, claim 1 of U.S. [read post]
14 Dec 2006, 11:00 pm
I learned that while I most enjoy defending criminal defendants, some people are stepped on so unjustly and some causes are so important, that I will detour to civil court from time to time. [read post]