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29 Oct 2010, 7:18 am by emagraken
Counsel for the plaintiff submitted that I did not have to follow Joyce J’s reasoning and that I could properly conclude that proof of a recognized psychiatric illness was not an essential element of liability in the present case. [35]         I do not accept that submission. [read post]
15 May 2008, 7:42 am
  To complicate the matter, DuPont’s litigation counsel originally made “incorrect statements as to the priority date” — apparently forgetting the legal effect of a provisional application. 35 U.S.C. [read post]
4 Aug 2017, 12:31 am by Gene Takagi
The proxy tax rate is the highest rate imposed by on the taxable income of corporations (currently 35%). [read post]
5 Nov 2017, 8:41 am by David J. Halberg, Esq.
(The driver was ordered to pay $10 million, while the construction company was ordered to pay $35 million.) [read post]
27 Mar 2013, 3:56 pm by admin
The Supreme Court has now decided that §109(a), does in fact, limit the scope of §602(a)(1), and ruled for Kirtsaeng. [read post]
23 Jul 2014, 10:20 am by Jennifer Campbell Goddard
So, what does all of this have to dowith your estate planning or elder law practice? [read post]
22 Jan 2024, 1:16 pm by Dennis Crouch
The basic setup here is that applicants receive a day-for-day addition to the patent term for each delay that fits into one of the statutory categories. 35 U.S.C. 154(b). [read post]
24 May 2023, 3:22 am by Thalia Kruger
In this case, the EAPO Regulation does not establish any deadline, giving Member States discretion to establish such deadline. [read post]
13 May 2010, 11:50 pm by shellis
Thus while the adoption of HT soybeans does not lead to a direct decrease in herbicide use, it does lead to an indirect decrease through its influence in facilitating the use of conservation tillage. [read post]
23 Jan 2008, 12:51 am
The presumption of validity for the patent does not apply, but the petitioner has the burden of proving invalidity by a preponderance of the evidence. [read post]
8 Aug 2014, 9:01 am
 I expressly noted that FRAP 35 contemplates the existence of a circuit split as a potential reason for granting such a rehearing. [read post]
2 Jul 2007, 3:43 am
Lumenis, Inc. (06/27/2007): appeal of judgment holding specific claims of patent at issue as being invalid as indefinite under 35 U.S.C. [read post]
9 May 2007, 11:00 am
  The first layer does not appear to be, "I'm innocent," however. [read post]
26 Jun 2012, 11:32 am by Dave
Back in September 2011, Congress created a new statute, 35 U.S.C. § 299, as part of the America Invents Act, intended to prevent plaintiffs from suing multiple unrelated defendants in a single patent action based on nothing more than allegations that they all allegedly infringed the same patent. [read post]
26 Aug 2012, 9:25 am by Matthew E. Kahn
 AB32 does introduce several uncertainties. [read post]