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21 Aug 2012, 4:00 pm
Question:My ex-wife is not exercising her visitation rights under our current child custody arrangement because she recently moved several states away.I would like to move to another state with my child and my new wife.Can I move with my wife and child to another state if my ex-wife has not made an effort to fulfill her part of the Read More... [read post]
11 May 2012, 3:00 am by Ted Folkman
Judge James Ware, the author of yesterday’s case of the day, is back today in Ex Parte Apple Inc. [read post]
15 Apr 2013, 7:10 am by Lawrence B. Ebert
from Ex parte LIVERSIDGE As stated in In re Oetiker, 977 F.2d 1443, 1445 (Fed. [read post]
8 Oct 2008, 6:43 pm
Did PTO contact you for assistance or information to help them estimate the burden associated with the Ex parte Appeal Rule? [read post]
7 Dec 2015, 7:37 am
 Further, as Pooley stated, small businesses would not be harmed by the ex parte seizure provisions. [read post]
25 Jul 2013, 10:26 am by Lawrence B. Ebert
From Ex parte STRZALKOWSKIOf obviousnessAs we noted in our Opinion, "[I]t is not necessary that the references be physically combinable to render obvious the invention under review." [read post]
11 Feb 2013, 8:49 pm by Lawrence B. Ebert
Footnote 5 of Ex parte Kissel is of interest: The Examiner stated in the Answer that “[e]very ground of rejection set forth in the Office action from which the appeal is taken (as modified by any advisory actions) is being maintained by the examiner except for the grounds of rejection (if any) listed under the subheading ‘WITHDRAWN REJECTIONS’” (Ans. 3). [read post]
28 Mar 2017, 2:34 pm by admin
The disenfranchised voters of Florida are just one part of an estimated 6 million disenfranchised voters in the United States. [read post]
1 Feb 2013, 8:19 am by Lawrence B. Ebert
Ex parte Holliday on definiteness:The definiteness requirement seeks to “ensure that the claims delineate the scope of the invention using language that adequately notifies the public of the patentee‟s right to exclude. [read post]
18 May 2009, 5:00 am
The author worries that this ex parte blogging may threaten "the impartial administration of justice and will systematically disadvantage some litigants. [read post]
12 Feb 2014, 9:00 am
In its motion, AHCA stated that it believed Appellant should be entitled to a new hearing since an AHCA staff member had ex parte communications with the original hearing officer. [read post]
12 Feb 2014, 9:00 am
In its motion, AHCA stated that it believed Appellant should be entitled to a new hearing since an AHCA staff member had ex parte communications with the original hearing officer. [read post]
2 Apr 2013, 1:27 pm by Lawrence B. Ebert
from Ex parte DAMSOHN It is fundamental patent law that “each and every claim limitationmust be explicitly or inherently disclosed in the prior art” for an anticipationrejection to be proper.In re NTP, Inc., 654 F.3d 1279, 1302(Fed. [read post]
29 Mar 2010, 9:26 am
The new precedential decision Ex parte Frye answers the question: the Board does not give deference to positions taken by the Examiner. [read post]
2 Apr 2009, 1:04 pm
Noting that it had previously held in Ex parte Hale and Ex parte Rowe (and see the bonus summary here) that a defendant is entitled to street time credit towards the discharge of his sentence when he's erroneously released through no fault of his own. [read post]
6 Nov 2013, 1:54 pm
CANNON THREE, CODE OF JUDICIAL CONDUCT:(7)A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties concerning a pending or impending proceeding.....From the Miami Herald: A Miami-Dade judge was set to release from jail a suspected Kendall burglar shot by police after a harrowing high-speed car chase — until Secret Service agents paid a visit to her chambers.Query: How… [read post]
30 Aug 2008, 4:20 pm
8-30-2008 New Jersey:TRENTON -- New Jersey is in the midst of an ambitious pilot program to find out what combination of services works best at keeping ex-inmates from returning to state prisons after they're released.The $2 million program, called "Another Chance," is part of the state's stepped-up efforts to lessen the percentage of ex-cons who re-enter state prison. [read post]
15 Jun 2013, 5:51 am by Lawrence B. Ebert
There is a mixed decision in Ex parte Liang.The appellant wins on indefiniteness but loses on obviousness.Of indefiniteness:“The test for definiteness is whether one skilled in the art would understand the bounds of the claim when read in light of the specification. [read post]