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26 Feb 2014, 11:33 am
The patentee requested rehearing, arguing that the interpretation of documents is a fundamentally factual exercise and, therefore, a district court's interpretation of patent claims requires some deference on appeal. [read post]
21 Feb 2014, 8:49 pm
Legal Reasoning (Newman, Lourie, Dyk, Prost, Moore, Taranto)BackgroundLegal Standard: Stare DecisisStare decisis is of “fundamental importance to the rule of law. [read post]
21 Feb 2014, 8:28 am
Cir. 2014) (En banc) In a long awaited decision, an en banc Federal Circuit has reconfirmed the longstanding rule that claim construction is an issue of law reviewed de novo on appeal. [read post]
13 Feb 2014, 10:03 am
Like all other exams administered by law professors, this one was designed to make you question if you are smarter than a snail. [read post]
12 Feb 2014, 7:33 pm
NEWMAN, Circuit Judge, dissenting. [read post]
12 Feb 2014, 3:12 pm
That strikes me as fundamentally unfair, so I tend to agree with Judge Newman. [read post]
12 Feb 2014, 8:30 am
The doctrine of waiver “has been applied to preclude a party from adopting a new claim construction position on appeal. [read post]
12 Feb 2014, 7:13 am
"The question of whether the statute of limitations on a DFR claim is tolled during litigation in state court to confirm or set aside an arbitration award is one of first impression in this Circuit," the Court of Appeals (Newman, Winter and Droney) says. [read post]
10 Feb 2014, 6:07 am
Looking back on the story of the Beatles, it is remarkable how slow the United States was to catch on to the significance and the appeal of the Fab Four. [read post]
10 Feb 2014, 6:07 am
Looking back on the story of the Beatles, it is remarkable how slow the United States was to catch on to the significance and the appeal of the Fab Four. [read post]
7 Feb 2014, 8:56 am
Newman, Appeal No. 14-1036 (Cancellation No. 92047809). [read post]
7 Feb 2014, 7:51 am
Nevertheless, Judge Newman wrote: On the appeal, the parties again focused their presentations and argument solely on claim 34. [read post]
7 Feb 2014, 3:10 am
The case is now on appeal at the Federal Circuit before an interesting panel consisting of Chief Judge Rader and Judges Newman and Dyk. [read post]
5 Feb 2014, 1:10 pm
As we reported in an earlier blog article, Indiana is appealing judgment in an ongoing court battle with IBM over a troubled welfare claims processing project. [read post]
5 Feb 2014, 9:56 am
Here are a few items that haven't made their way into individual posts but deserve Grits readers' attention:CCA: Lies about mental health by 'star witness' jailhouse snitch don't violate due processThe Court of Criminal Appeals ruled that false testimony by a jailhouse snitch, described by then-prosecutor Murray Newman as his "star witness," did not constitute a due process violation in a Harris County murder conviction. [read post]
29 Jan 2014, 7:26 am
The Court of Appeals is uncomfortable with this conviction, and it is vacated.Again, the Court of Appeals rarely does this. [read post]
27 Jan 2014, 3:40 pm
Pauline Newman and Hon. [read post]
24 Jan 2014, 8:53 pm
Court of Appeals for the Federal Circuit • Inter Partes and Post-Grant Reviews (including CBM Patent Reviews) • Derivation and Interference Procedures • Fresenius USA v. [read post]
19 Jan 2014, 4:02 pm
This is an appeal by the BBC from the decision of the Inner House [2013] CSIH 43. [read post]
16 Jan 2014, 7:31 pm
Legal Reasoning (Newman, Dyk, Taranto)[1] No PTA Distinction between § 154(b)(3) and § 154(b)(4)PTA Interplay between § 154(b)(3) and § 154(b)(4)In 35 U.S.C. [read post]
