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25 May 2017, 11:20 am
(Good luck trying to access it right now; the 4th Cir. website appears to be overwhelmed... try here) Here's the opening paragraph:The question for this Court, distilled to its essential form, is whether the Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866), remains “a law for rulers and people, equally in war and in peace. [read post]
3 Aug 2018, 5:17 am by Eugene Volokh
Finally, New Jersey law requires a showing that notice to the defendant is impractical before any ex parte restraining orders are issued. [read post]
22 Oct 2014, 10:07 am by Eric Goldman
The Ex Parte Seizure Provision The proposed bills’ most significant departure from the UTSA is a proposed new ex parte seizure provision. [read post]
29 Sep 2010, 3:10 am by W. Todd Baker
The decision, Ex parte Regents of the University of California (“Regents”) (decision here), affirmed-in-part the rejection of U.S. patent No. 5,916,912 in ex parte reexamination. [read post]
24 Nov 2010, 1:08 pm by Scott A. McKeown
At roughly the same time, Microsoft filed a second request for ex parte reexamination of the ‘449 patent (90/011,198). [read post]
17 Oct 2014, 11:13 am
The application in Ex parte Xu was directed to network routing, and the claim terms at issue were "hashing" and "hash function". [read post]
24 Aug 2014, 11:41 am by Andrew Delaney
Because the cost of the damages were not agreed upon as part of the plea, the trial court held a contested restitution hearing.At the hearing the ex-girlfriend testified that Mr. [read post]
30 Oct 2013, 5:42 am by Lawrence B. Ebert
” See Ex parte Miyazaki, 89 USPQ2d 1207, 1211 (BPAI 2008).Accordingly, we sustain Rejection II.ANDBecause the claims are indefinite, Rejections III and IV must fall, proforma, as they are necessarily based on speculative assumptions as to the scope of the claims. [read post]
5 Jul 2007, 6:17 pm
Some days one's fellow lawyers make one just so proud to be part of this noble profession. [read post]
27 Apr 2019, 12:21 am
While the ex-post approach cannot prevent a squatter from obtaining the trade mark first or initiating an infringement lawsuit later, the new amendment to Article 4 of the Trade Mark Law has made it clear that an application for registration without intention to use is malicious and thus should be rejected by the Trade Mark Office. [read post]
5 Jul 2021, 9:48 am by Gregory Forman
One can file a custody modification action and seek an ex-parte order terminating visitation. [read post]
10 Nov 2021, 1:39 pm by Eugene Volokh
But unless speech presents a clear and present danger of some serious substantive evil, it may neither be forbidden nor penalized" (People v Dietze (N.Y. 1989)). [read post]
27 Jun 2024, 5:10 am by Claire Phipps-Jones (Bristows)
Thirteen have been determined at first instance (2 ex parte), with 6 being granted (including the 2 ex parte applications). [read post]
8 Jul 2013, 5:26 am by David Oscar Markus
In fact, it is not clear in all circumstances whether Internet and phone companies that are turning over the reams of data even have the right to appear before the FISA court. [read post]
19 Jan 2023, 10:52 am by Eugene Volokh
No, said the Alabama intermediate appellate court last year (though apparently without a published majority opinion), and last Friday the Alabama Supreme Court declined to hear the case, also without a published opinion, in Ex Parte Rodriguez. [read post]