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Plaintiff's request to delay ruling on defendant's motion for summary judgment of noninfringement pending additional discovery under FRCP 56(f) was denied because (i) prior to filing of the lawsuit, "[defendant] offered to provide [plaintiff] with samples of Defendants' product for testing in an effort to stave off litigation; they also provided Plaintiff with so-called independent expert testing that confirmed noninfringement. . . . [read post]

Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/

Another Section 512(f) Case Fails–ISE v. Longarzo

13 Dec 2018, 11:25 am by Eric Goldman

Third, the defendants easily defeat 512(f)’s scienter requirement simply by testifying otherwise (“Both Mr. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

To qualify for "safety valve" sentence adjustment, defendant must disclose offense-related information to prosecutor, not probation officer

28 Apr 2008, 4:32 am

Â§ 3553(f); U.S.S.G. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Second Circuit Affirms Denial of Post Trial Competency Hearing for Pro Se Defendant with “Sovereign Citizen” Tax Defense.

11 Feb 2020, 9:39 am by Peggy Cross-Goldenberg

DiMartino, __ F.3d __, 2020 WL 550475 (Feb. 4, 2020) (Jacobs, Sack, Hall), the Circuit affirmed the denial of a post-trial motion for a competency hearing based on the defendant’s persistent adherence to the “Sovereign Citizen” theory that the IRS and Justice Department are private corporations, the tax laws are invalid, and the court had no jurisdiction over him. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

Defendant's perjury sentence was properly hitched to guidelines sentence for murder where perjury occurred before grand jury investigating murder

14 Apr 2008, 4:34 am

Olsen,No. 06-4307, ___ F.3d ___ (10th Cir. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Significant Defendant need not be Significantly Named in the Class Definition.

5 Aug 2010, 5:30 am

Co., 561 F.3d 144, 156 (3d Cir. 2009) and Evans v. [read post]

Class Action Fairness Act Blog - http://www.cafalawblog.com/

Defendants' Motion for Judgment on the Pleadings Under 35 U.S.C. § 101 Waives Venue Objection

7 Jul 2017, 7:31 am by Docket Navigator

"Defendants denied that venue was proper in this District in their answer. . . . [read post]

Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/

Louisiana Chief Justice: Improve Defender System

9 May 2007, 5:20 am

"Please help create a system that allows public defenders to have the time, tools and training to present an adequate defense for their clients," Chief Justice Pascal F. [read post]

Public Defender Stuff - http://pdstuff.apublicdefender.com

Defendant's 1979 state conviction for auto theft was properly included in sentencing guidelines calculation for 2004 bank robbery conviction

5 Jan 2007, 10:06 am

Randall,No. 05-3423, ___ F.3d ___ (10th Cir. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Jenkins’ Historical Collection: F. Carroll Brewster

23 Jul 2015, 1:56 am by Carey Sias

F. [read post]

Jenkins Law Library Blog - https://www.jenkinslaw.org/blog

Jenkins’ Historical Collection: F. Carroll Brewster

23 Jul 2015, 8:43 am

F. [read post]