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31 Jan 2016, 1:31 pm
Rule 26(b)(1) now limits discovery to “any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case,” apparently imposing an enormous limitation on the scope of permissible discovery. [read post]
15 Nov 2010, 5:59 pm
§ 216(b), not Federal Rule of Civil Procedure 23 ("Rule 23"). [read post]
31 Jan 2016, 1:31 pm
Rule 26(b)(1) now limits discovery to “any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case,” apparently imposing an enormous limitation on the scope of permissible discovery. [read post]
9 Sep 2015, 10:00 am
Bio: Miles B. [read post]
16 Aug 2012, 2:00 am
As an initial matter, these provisions are too limited. [read post]
6 Feb 2015, 9:28 am
B&B v. [read post]
7 Sep 2016, 10:37 am
(The matter might be different if a law banned gun possession by anyone convicted of a crime punishable by, say, six months in prison; but the year dividing line, which has long been used, is permissible.) b. [read post]
24 Jul 2015, 12:14 pm
Just b/c it’s in the Lanham Act doesn’t make it foundational. [read post]
28 May 2015, 1:38 pm
It matters what they look like. [read post]
6 Nov 2011, 10:16 am
As such, these Requests for Admissions were deemed admitted under Pennsylvania 4014(b). [read post]
16 May 2012, 5:01 pm
This approach is however inconsistent with the requirements of the claimed subject-matter: to obtain a set of properties in combination. [2.4] Other evidence, not invoked by the [patent proprietor], undermines the conclusions presented by the [patent proprietor] regarding appropriate conditions based on example 25, showing these not to be generally applicable. [read post]
1 Aug 2012, 5:01 pm
As a matter of fact, the existing interests (Interessenlage) are the same. [read post]
17 Feb 2013, 5:01 pm
In the decision under appeal it was held that it does, because the subject-matter of claim 1 cannot claim priority from the US application No. 835,799 […]. [read post]
20 Jun 2011, 3:01 pm
As to novelty, it argued that the term “being obtainable by hexane extraction” was not a restriction on the claimed oil, so that any prior art oil containing more than 35% DHA was novelty-destroying for this claim. [10.2] As regards the main request, the Board rejected the objections under A 123(2) and A 100(b) but held that the subject matter of Claim 1 was not novel. [read post]
30 Aug 2010, 3:01 pm
Figure 10.71 on page 721 shows a system of two columns for separating a three component mixture ABC, where the bottom product of the first column containing B and C is fed to a second column separating these components by distilling off component B. [read post]
3 Dec 2014, 12:30 pm
“The reason that civil juries have been in place for thousands of years — going back to Greek times — is that it allows people who aren't confident in the bench to have their day in court and have their matter resolved by their peers,” he says. [read post]
7 Sep 2010, 3:13 pm
However, I was somewhat surprised today to read a post from the excellent Joan McAlpine that suggested that matters could be dealt with without a bill. [read post]
10 Jul 2023, 9:44 pm
I've said from the beginning that I don't think this case can or will be tried before the election. [read post]
23 Apr 2013, 1:25 am
In December of last year we reported on the Commission’s “Fifth Order on Reconsideration and Sixth Report and Order” (we refer to it as the 6th R&O) in which it (a) tied up some loose ends relative to LPFM and FM translator matters and (b) adopted new rules and policies governing LPFM applicants. [read post]
14 Jun 2023, 5:52 am
" Turning to the Restatement (Second) of Agency, the Board looked at:[T]he following matters of fact, among others, are considered: (a) the extent of control which, by the agreement, the master may exercise over the details of the work; (b) whether or not the one employed is engaged in a distinct occupation or business; (c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or… [read post]
