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21 Mar 2011, 10:09 am
The Bacon & Thomas blog concludes its discussion of the Ex Parte Akio Ochiai case with the observation :Thus, when relying on an argument of an unexpected or unpredictable result to overcome an obviousness type rejection, providing solid comparative data or evidence in support of the argument remains to be important.For the "combining old ingredients of known properties," the BPAI cited to In re Kerkhoven, 626 F.2d 846 and Ex parte Quadranti, 25… [read post]
11 Jun 2008, 9:55 am
In FY2007, the Board received 4639 ex parte appeals. [read post]
9 Dec 2008, 6:03 am
In Ex parte Miyazaki, (Horner, APJ)(precedential), a five member expanded panel of the USPTO Board of Patent Appeals and Interferences (including the chief APJ and Vice-Chief APJ) crafted a new standard to reject claims for indefiniteness under 35 USC § 112, ¶ 2, whenever a claim has plural, "plausible" constructions. [read post]
Court Benchslaps Trade Secret Plaintiff and Counsel For Bad Faith Litigation–RBC Bearings v. Caliber
18 Aug 2016, 7:41 am
Each of those determinations now represents a situation where a judge probably would have wrongfully granted a DTSA ex parte seizure if asked, so each of these tells a little story about how ex parte seizures could go wrong. [read post]
4 Mar 2012, 11:43 pm
The question for the day is not, why did the chicken cross the road, but rather, why did the chicken file an ex parte Letter of Protest with the Office of the Deputy Commissioner for Trademark Examination Policy at the United States Patent and Trademark Office (USPTO), just a few months ago? [read post]
21 Nov 2011, 1:54 pm
These ex parte motions actually get granted tout de suite. [read post]
21 Aug 2018, 12:17 pm
For example, ex parte seizure orders are only available under DTSA, and attorney’s fees and exemplary damages are only available under DTSA if certain required disclosures about whistleblower immunity were made in agreements containing confidentiality provisions. [read post]
26 Dec 2010, 12:25 pm
Details: Ex parte Blau Appeal 2009010556, Appl. [read post]
28 Oct 2021, 5:30 am
“[T]he practice of ex parte undermines the impartiality of the court . . . [read post]
23 Jun 2022, 10:27 am
Other parents may be justifiably concerned that an ex is encouraging an adult child to attend university against the child’s wishes because they want to get under the other parent’s skin. [read post]
24 Feb 2011, 3:49 am
A good part of the argument was dominated by a case about electricity. [read post]
21 Jan 2020, 2:47 pm
The husband’s motion for trial by combat stated his goal as hoping to “rend [the] souls” of his ex-wife and her lawyer “from their bodies. [read post]
14 May 2009, 7:41 am
Illustration by Gerry ShamrayMelissa Deaton Tesvich, the ex-wife of a Home Depot executive who last year pleaded guilty to fraud, has pleaded guilty to one count of filing a false tax return.On May 22, 2006, Tesvich and her former husband, Anthony Tesvich, filed a joint federal income tax return for 2005, in which they knowingly and intentionally underreported their taxable income by more than $1 million and underreported the amount of taxes they owed to the United States by about… [read post]
15 Nov 2006, 1:20 pm
LINKTexas Court of Criminal Appeals, that State's highest court in criminal cases, holds that President Bush was powerless to force the Texas judiciary to disregard its rules of procedural default to consider on the merits a Mexican death row inmate's Article 36 Vienna Convention claim: The Texas Court of Criminal Appeals today issued its ruling in Ex Parte Jose Ernesto Medellin. [read post]
12 Aug 2020, 7:13 am
See also Ex parte Bailey, 166 S.E. 165, 167 (N.C. 1932) (interpreting predecessor statute), rev’d on other grounds, South Carolina v. [read post]
12 Aug 2011, 5:13 pm
" (Ex parte Uchida, Appeal 2011000486.) [read post]
5 Jul 2009, 9:51 pm
Pollard, the Indiana Supreme Court ruled that the sex offender residency restriction violated the ex post facto prohibition of the Indiana State Constitution as applied to the defendant. [read post]
29 Jul 2010, 10:00 am
While their child custody agreement states that Murphy's ex-wife gets the kids for about half of the week and that Murphy gets the house, the amicable divorce has led to flexibility on the part of both parties. [read post]
20 Aug 2015, 10:00 am
The result was rampant legislative interference with judicial decision-making.The notion of an independent judiciary that restrained the other branches was still aborning in 1807, when John Marshall stated in dicta in Ex Parte Bollman – quite wrongly as a matter of both British history and American constitutional law – that federal courts had no inherent authority to issue the writ of habeas corpus in the absence of legislation granting them that power.In… [read post]
17 Dec 2010, 3:18 am
Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs [2010] EWCA Civ 1443; [2010] WLR (D) 331 “There were perceptible and sound policy reasons why the defence of ex turpi causa non oritur actio did not form part of the Strasbourg jurisprudence, save when the matter came to just satisfaction. [read post]
