Search for: "Matter of T S B"
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8 Nov 2022, 6:11 am
” “A classic example of this is when Lawyer A makes a legal argument before an appellate court on behalf of Client A that is inconsistent with how Lawyer A’s colleague at their firm, Lawyer B, is arguing for another firm client, Client B, in a separate matter at a trial court that is bound by that appellate court’s decisions. [read post]
31 Mar 2017, 1:51 am
Although the standard of balance of probabilities has occasionally been paraphrased as meaning that one has to assess whether one set of facts is more likely to be true than the other (see T 381/87, OJ EPO 1990, 213, point 4.4.b)), such a literal interpretation of "balance" does not, in the Board's view, properly reflect the long-standing judicial practice of the boards of appeal in determining whether a particular piece of information has become publicly… [read post]
25 Mar 2022, 5:00 am
Guido Calabresi advanced a theory of statutory desuetude under which courts would sometimes be able to take such a measure, but I don't think §2G2.2(b)(6) fits Calabresi's theory, which, in any event, has never been endorsed by anyone other than Calabresi. [read post]
2 Mar 2020, 10:15 am
In patent/© money matters a lot; is it b/c there’s a consumer interest where the consumer doesn’t benefit if $ changes hands? [read post]
18 Apr 2017, 7:30 am
The Court finds that there is merit to both parties’ arguments and thus the Court cannot say at this stage that Defendant’s construction is correct as a matter of law. [read post]
11 Feb 2011, 2:00 am
Rule 14a-4(b)(1). [read post]
23 Dec 2022, 10:29 am
Concerning scope, subsection (b)(1) provides as follows: Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons… [read post]
31 Oct 2008, 12:53 am
I don't think, though, that subject matter is one of them. [read post]
24 Feb 2017, 7:40 am
As pointed out in a more recent decision T 195/09 (unpublished), "In this respect decision T 108/91 has been clearly overruled by G 1/93" (see Reasons, point 2.1.5).In claim 5 of the patent as granted, the artifact detection is based on the variation in the average deviation Daverage. [read post]
2 Jan 2014, 10:21 am
With apologies to B. [read post]
18 Apr 2012, 6:00 am
Further, the court reasoned that even if the “written recommendation” prerequisite was necessary, it was met, in that it was “evident” that the parties would have rejected any explicit recommendation because they had failed to reach an agreement at the informal conference, so that instead “[t]he recommendation following the informal conference * * * was for the matter to ‘be referred’” for a formal ALJ hearing “‘at the request of both parties.’” [read post]
24 Feb 2018, 5:02 am
"Let's be clear: A) This was happening for DECADES before Black Lives Matter was on the scene, and B) the county NOT letting defendants be advised by lawyers at bail hearings was a big part of the suit! [read post]
14 Nov 2016, 6:16 am
But interest in knowing who created the design isn’t the same as interest in who created the particular copy, and that matters if we want to maintain a distinction b/t TM and ©/design patent; those are the regimes charged w/dealing w/content itself, rather than source designation of content.Perry Saidman, Saidman Design Law Group, “Design Patent Functionality”The line b/t design & utility patent: thesis is that there… [read post]
23 Jan 2024, 6:31 am
” G.S. 7B-4001, Article I, (b)(3). [read post]
11 Feb 2008, 6:03 pm
One reason the rules often don't matter is because there is no practical method of enforcing them. [read post]
20 Oct 2021, 2:52 pm
How will that apply to claims for internet access, smart devices, tech services, and other products and services that didn’t exist when the cases were brought? [read post]
19 Jul 2016, 10:14 am
At the district court, AT&T moved to dismiss BASCOM’s complaint on the ground that the asserted claims were invalid under 35 US.C. [read post]
16 Feb 2012, 5:01 pm
Sometimes the Boards indicated that R 65(2) EPC 1973 was preferred to R 88 EPC 1973 as it was more specific (T 715/01 [9]); (b) decisions in which R 88 EPC 1973 was used as a legal basis for the corrections (T 814/98); (c) decisions in which correction was refused because the notice of appeal contained no remediable errors but rather a mistake of law. [read post]
30 Aug 2011, 7:16 am
Today's alphabet of risk news and updates is brought to you by the letter B and the number 4: Apple of My "i" -- Last month, Samsung moved to disqualify patent counsel for Apple based on allegations of previous work representing Samsung: "Together they spent more than 9,000 hours representing Samsung in patent litigation matters while at Kirkland & Ellis, obtaining 'unfettered access and insights into Samsung's approach to… [read post]
6 Aug 2009, 10:37 am
In Part 1 of this article, I explained a whole bunch of preliminary matters related to copyright registration for your band's songs or albums. [read post]
