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Although courts should pay attention to longstanding agency interpretations of the law, the Fifth Circuit explained, the court in this case was “not persuaded that the 80/20 standard, however longstanding, can defeat the FLSA’s plain text. [read post]
26 Aug 2024, 4:15 am by SHG
Eugene Volokh was of the view that the Ninth Circuit got it right. [read post]
25 Aug 2024, 10:00 pm
MSN Labs, the US Court of Appeals for the Federal Circuit held, that later-filed, later-issued claims cannot serve as proper reference for invalidating earlier-filed, earlier-issued claims having the same priority date under obviousness-type double patenting (ODP), clarifying its decision in In re Cellect by explaining which reference claims can be considered proper for ODP analysis. [read post]
25 Aug 2024, 10:00 pm
MSN Labs, the US Court of Appeals for the Federal Circuit held, that later-filed, later-issued claims cannot serve as proper reference for invalidating earlier-filed, earlier-issued claims having the same priority date under obviousness-type double patenting (ODP), clarifying its decision in In re Cellect by explaining which reference claims can be considered proper for ODP analysis. [read post]
25 Aug 2024, 10:00 pm
MSN Labs, the US Court of Appeals for the Federal Circuit held, that later-filed, later-issued claims cannot serve as proper reference for invalidating earlier-filed, earlier-issued claims having the same priority date under obviousness-type double patenting (ODP), clarifying its decision in In re Cellect by explaining which reference claims can be considered proper for ODP analysis. [read post]
25 Aug 2024, 10:00 pm
MSN Labs, the US Court of Appeals for the Federal Circuit held, that later-filed, later-issued claims cannot serve as proper reference for invalidating earlier-filed, earlier-issued claims having the same priority date under obviousness-type double patenting (ODP), clarifying its decision in In re Cellect by explaining which reference claims can be considered proper for ODP analysis. [read post]
25 Aug 2024, 10:00 pm
MSN Labs, the US Court of Appeals for the Federal Circuit held, that later-filed, later-issued claims cannot serve as proper reference for invalidating earlier-filed, earlier-issued claims having the same priority date under obviousness-type double patenting (ODP), clarifying its decision in In re Cellect by explaining which reference claims can be considered proper for ODP analysis. [read post]
25 Aug 2024, 10:00 pm
MSN Labs, the US Court of Appeals for the Federal Circuit held, that later-filed, later-issued claims cannot serve as proper reference for invalidating earlier-filed, earlier-issued claims having the same priority date under obviousness-type double patenting (ODP), clarifying its decision in In re Cellect by explaining which reference claims can be considered proper for ODP analysis. [read post]
25 Aug 2024, 9:01 pm by renholding
  Though litigation remains ongoing, the pending cases could result in an eventual circuit split, making the matter especially ripe for U.S. [read post]
25 Aug 2024, 6:42 pm by Stephen Halbrook
The Fifth and the Eighth Circuits are the only courts of appeals to have ruled on the Final Rule about pistol braces, so no circuit conflict exists. [read post]
25 Aug 2024, 5:33 pm
   The Second Circuit’s opinion reversing Provoo’s conviction was dated August 27, 1954. [read post]
25 Aug 2024, 3:12 pm by Jack Bogdanski
Court of Appeals for the Ninth Circuit. [read post]
25 Aug 2024, 2:11 pm by Dennis Crouch
The court vacated and remanded a fee award by Colorado Judge Brooke Jackson, finding that Judge Jackson abused her discretion when determining that the case was “exceptional” under the statute. [read post]
25 Aug 2024, 9:15 am by Eileen McDermott
Court of Appeals for the Federal Circuit (CAFC) on Friday vacated and remanded a Colorado district court’s award of attorney’s fees to Sling T.V. and DISH Networks (DISH). [read post]
25 Aug 2024, 9:15 am by Eileen McDermott
Court of Appeals for the Federal Circuit (CAFC) on Friday vacated and remanded a Colorado district court’s award of attorney’s fees to Sling T.V. and DISH Networks (DISH). [read post]
25 Aug 2024, 7:30 am by Ilya Somin
Whoever loses in the district court will almost certainly appeal to the US Court of Appeals for the Fifth Circuit. [read post]
25 Aug 2024, 12:34 am by Berniard Law Firm
The Court of Appeal Fourth Circuit upheld Johnson’s termination, stating that his actions constituted “cause” for termination as they were detrimental to the efficient operation of the S&WB. [read post]