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15 Apr 2011, 9:16 am by Scott A. McKeown
In re Tanaka (CAFC 2011) (here) As a reminder, Ex parte Tanaka was decided in December of 2009 by the Board of Patent Appeals and Interferences (BPAI). [read post]
15 Apr 2011, 8:42 am by Carolyn Elefant
How is someone in a remote part of the country going to find two ISPs? [read post]
14 Apr 2011, 1:35 pm by Tony Infanti
• Unduly cabins, if not emasculates, Ex parte Young and § 1983 by holding that the federal courts may  not enjoin a state’s refusal to act in accordance with the mandate of the FF&C Clause. [read post]
14 Apr 2011, 9:00 am by McNabb Associates, P.C.
ex- tradition treaties, the Article further provides that in determining whether an offense is an offense under the law of the requested Party, the conduct of the person shall be examined by reference to the totality of the underlying criminal conduct without reference to the elements of the offense prescribed by the law of the requested Party. [read post]
13 Apr 2011, 6:03 pm by John L. Welch
"Natural Scope of Expansion: The Board reminded the PTO that this doctrine is doctrine is "more appropriate to inter partes cases, and that in the context of an ex parte proceeding the analysis should be whether consumers are likely to believe that the services emanate from a single source, rather than whether the owner of the cited registration has or is likely to expand its particular business to include the goods of applicant. [read post]
13 Apr 2011, 1:43 am by Adam Wagner
As Lord Bingham said in R v Cambridge Health Authority ex parte B, I have no doubt that in a perfect world any treatment which a patient, or a patient’s family, sought would be provided if doctors were willing to give it, no matter how much it costs, particularly when a life was potentially at stake. [read post]
12 Apr 2011, 3:15 am by Scott A. McKeown
In April of 2010, first office actions were issued in two of the ex parte patent reexaminations (90/010,433 & 90/010,432) . [read post]
12 Apr 2011, 3:09 am by Katherine Gundersen
However, if they did so, there may be legal consequences such as action for breach of contract. [read post]
11 Apr 2011, 10:00 pm by Rosalind English
This was essentially an intuitive judgment on principles of fairness which may change with the passage of time, in the context of a statute which creates a discretion (Lord Mustill’s guidance in R v Home Secretary, ex p. [read post]
11 Apr 2011, 9:02 pm by Mario Herman
  It should  be further noted that current and ex-franchisees of systems have no duty under the law to disclose information about their businesses to prospective franchisees. [read post]
11 Apr 2011, 6:25 pm by Bruno Tarabichi
However, the examining attorney’s statement and applicant’s response is not a correct interpretation of 1st USA Realty, which explained that the expansion of trade doctrine is more appropriate to inter partes cases, and that in the context of an ex parte proceeding the analysis should be whether consumers are likely to believe that the services emanate from a single source, rather than whether the owner of the cited registration has or is likely to expand… [read post]
11 Apr 2011, 5:53 pm by INFORRM
  It seems likely that all or almost all of these hearings will have related to injunctions and will, in part, cover the prevention of publication of information – although those against individuals may also cover matters such as harassment. [read post]
11 Apr 2011, 5:14 am by Rebecca Tushnet
Modern Activity Theory: individuals treated as subjects as part of a social community; related to Human Computer Interaction field for past two decades. [read post]
9 Apr 2011, 4:16 pm by Greg Akselband
According to NationalJeweler.com, Tacori Enterprises filed an ex parte application for a temporary restraining order and made a motion for a preliminary injunction to prevent further sales of Scott Kay’s newest collection. [read post]
9 Apr 2011, 9:25 am by Dennis Crouch
Last year the Board of Patent Appeals and Interferences decided over 7,000 ex parte cases. [read post]