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Overstated Ex Parte Seizure Concerns The ex parte seizure provision of the DTSA was one of the most controversial provisions of the statute during its drafting. [read post]
11 Oct 2019, 9:56 am by Miquel Montañá
In other words, any responsibility derived from the lifting of a preliminary injunction adopted “ex parte” would not follow the classical “fault” (i.e. [read post]
11 Apr 2012, 9:47 am by Bart Huffman
Not surprisingly, when a federal judge was able to scrutinize such a tactic (outside the context of an abbreviated, one-sided, ex parte discovery hearing), it was solidly rejected as improper. [read post]
7 Jun 2011, 3:10 am by Scott A. McKeown
(assuming the examiners would even remember anything from 50 or so  interviews ago) MPEP 1701.01 is instructive in this regard: A request by a third party to take deposition testimony of a patent examiner in a pending ex parte reexamination proceeding will generally be denied in view of the ex parte nature of the reexamination proceeding. . . [read post]
30 Aug 2023, 7:58 am by Florian Mueller
Standard development agreements providing for the ex ante disclosure of the most restrictive licensing terms for standard-essential patents by individual IPR holders or of a maximum accumulated royalty rate by all IPR holders [emphasis added] will not, in principle, restrict competition within the meaning of Article 101(1). [read post]
11 Jul 2008, 3:23 pm
If I were to tell James Otis and John Adams that a citizen's private correspondence is now potentially subject to ex parte and unannounced searches by the government without a warrant supported by probable cause, what would they say? [read post]
6 Dec 2013, 8:37 pm by Corynne McSherry
As we explain: A law that grants a private actor the power to do what even a court cannot—cause the prior restraint of speech based on a purely ex parte review—alters not only the traditional contours of copyright protection but of our fundamental free speech doctrines. [read post]
10 Feb 2021, 3:54 pm by Dennis Crouch
  This ex parte situation provides an instance where it is important that the case was routed to a patent-knowledgeable judge such as Judge Kennelly. [read post]
28 Nov 2007, 3:00 pm
Meniere argue that it also may be better, under some circumstances for the patent holder also to set the royalty level ex ante. [read post]
22 Mar 2010, 12:17 pm by jacquig
Even the holder of a sole residence order may run into difficulties if there is also a contact order and the proposed holiday might mean that the child is not made available for contact as ordered. [read post]
16 Jul 2018, 5:30 am by Kenneth J. Vanko
If a proponent makes that showing, the trade-secret holder still can gain the benefit of a protective order over the compelled disclosure.The decision is, to be certain, a weird one. [read post]
12 Nov 2014, 8:48 am by Jonathan Bailey
As part of their divorce agreement, Claudette claims she was awarded half of the rights to Smokey’s music. [read post]
28 Mar 2008, 11:17 am
She also sought to invalidate defendant/ex-husband's transfer to a third part for his share of the marital residence.As to the issue of medical expenses, the parties were required per their Judgment of Divorce to equally share in these costs. [read post]
25 Apr 2007, 5:43 pm
  The next correspondence comes 16 years later with an Ex Parte Quayle action that would lead to the 2006 allowance. [read post]
12 Aug 2023, 6:00 am by Lawrence Solum
This includes the rules against bills of attainder or ex post facto laws, the Due Process Clause, and even the free speech principles of the First Amendment. [read post]
24 Jul 2012, 12:39 pm by David Kappos
One proposal being considered is a fast-track ex parte reexamination voucher pilot program to create incentives for technologies and licensing behavior that address humanitarian needs. [read post]
14 Mar 2024, 9:43 am by Matthieu Dhenne (Dhenne Avocats)
., ex parte), which can then be enforced on the seized party’s premises at any time. [read post]
15 Sep 2022, 3:58 pm by Daniel Shaviro
First, given the role of luck, observed ex post high returns don't prove the existence of a high ex ante expected return. [read post]
13 Nov 2013, 2:54 pm by Adam Kielich
You don’t need to pay the taxes on the distribution and then have to go back to court to prove you paid the funds to your ex-spouse. [read post]