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10 Feb 2020, 8:57 am by Rebecca Tushnet
Delay [I suspect delay mandated by law does not count as undue delay]Colleen Chien: CASE act interaction? [read post]
22 Mar 2013, 9:48 am by Dennis Crouch
The court's basic logic is that 35 U.S.C. [read post]
16 Jul 2007, 10:00 am
Nonetheless, that vague and conclusory statement does not suggest in any way that the Compensation Committee was involved in or had knowledge of any backdating. [read post]
7 Jun 2012, 5:00 am by Kimberly A. Kralowec
Relevant here, the court concluded that “an employer must relieve the employee of all duty for the designated period, but need not ensure that the employee does no work. [read post]
3 Dec 2009, 8:43 pm
 However Rule 35(4) provides that the court, on its own motion or on the motion of any party, may order that the trial proceed without a jury on any of the grounds set out in Rule 39(27). [read post]
1 Nov 2011, 4:35 am by Dennis Crouch
Prometheus agrees with the United States that the Patent Act's express statutory criteria for patentability—under 35 U.S.C. [read post]
26 Oct 2010, 8:20 am by Stefanie Levine
Generally speaking, in order to obtain a patent an invention must be both new (i.e., never before done – see 35 USC 102) and it must not be obvious (i.e., not a trivial combination of things already known to exist in the prior art – see 35 USC 103). [read post]
17 Feb 2011, 9:05 pm
With respect to Appellants’ argument that Franchere does not teach the “wells for containing a fluid sample therein” feature required by claims 1, 12, 27, and 35, Appellants’ argumennt is unpersuasive of reversible error because it fails to address the Examiner’s stated case, which is based on, inter alia, Franchere’s test tubes and the corresponding openings in Franchere’s modular units, as meeting the “wells” feature… [read post]
28 Jan 2010, 2:34 am
Executing innocent people does not sit well with the American people. [read post]
24 Jan 2012, 7:43 pm
The computer here does no more than the computer in Benson to limit the scope of the claim. [read post]
7 Aug 2020, 7:35 am by Kevin Kaufman
(Alaska is the only state that does not tax marijuana by retail price; see the table below.) [read post]
12 Apr 2010, 3:02 pm by Oliver G. Randl
Likewise, the Board does not accept the position of [the opponent] that the public interest would require the requested opinions on withdrawn claim requests. [read post]
21 Jan 2011, 10:21 am by Rebecca Tushnet
Though 9(b) does not require heightened pleading of allegations of knowledge or intent, conclusory allegations still don’t suffice. [read post]
23 Apr 2010, 7:32 am by Jeralyn
DeMartino, 112 F.3d 75, 79 (2d Cir. 1997) ("Rule 36 like Rule 35© does not authorize the court to amend the oral sentence itself or to modify the written judgment to effectuate an intention that the court did not express in its oral sentence. [read post]