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2 Jul 2018, 12:34 am
Mind the gap, pleaseFollowing a number of delays, a few days ago the JURI Committee (Legal Affairs) of the European Parliament finally adopted the text of the Report on the proposed Directive on copyright in the Digital Single Market (DSM Directive) as drafted by its Rapporteur, MEP Voss. [read post]
26 Jun 2018, 7:45 pm by Scott McKeown
Not surprisingly, when faced with a high-value patent dispute, patent challengers greatly prefer the more robust inter partes options of the PTAB as compared to ex parte reexamination. [read post]
26 Jun 2018, 10:30 am by Marty Lederman
  Truth be told, however, Justice Gorsuch is less than crystal clear on just what that "other way" consists of (and admirably candid in acknowledging that he hasn't quite settled on his precise approach yet). [read post]
22 Jun 2018, 11:41 am by Welcome
Hearing officers in Florida are required to be neutral and any action on the part of the B.A.R. or its hearing officers that amounts to advocating for one side over the other is a violation of due process. [read post]
20 Jun 2018, 9:12 am by Eric Muller
  The Japanese American cases of WWII (by which I mean Hirabayashi and Korematsu, not Ex parte Endo) have, for a couple of decades at least, been understood as part of the Supreme Court "anti-canon," the Decisions That Shall Not Be Named. [read post]
18 Jun 2018, 9:42 am by Miquel Montañá
In particular, the decision lifted a preliminary injunction that had been ordered “ex parte”, based on claim 16 of the patent asserted, and which read as follows: “Use according to claim 15, wherein the pharmaceutical composition is for treating hypercholesterolemia, hyperlipoproteinemia and atherosclerosis”. [read post]
18 Jun 2018, 6:41 am by Nico Cordes
The Board of Appeal had also made clear that the remittal of the entire case was discussed and decided upon (as indicated on the minutes of the oral proceedings, page 3, third paragraph).1.3 As a consequence, the petitioner no longer argued that the Board of Appeal did not decide on all relevant requests. [read post]
16 Jun 2018, 8:15 am by Peter Margulies
Abedin’s relationship to each had been a prominent part of the Clinton narrative for years. [read post]
15 Jun 2018, 7:32 am by Ken White
Michael Cohen has filed the motion ex parte — on an emergency basis. [read post]
14 Jun 2018, 5:34 am by Jessica Smith
The Court held that Amy’s statements were testimonial, finding it “entirely clear” that the interrogation was part of an investigation into possible criminal past conduct. [read post]
14 Jun 2018, 5:26 am
It is clear that she is not aware of what is going on at Sherman — either that or she does not care to be a part of it. [read post]
13 Jun 2018, 5:00 am by Wystan Ackerman
Justice Gorsuch’s dissent makes it pretty clear that he would grant certiorari to take those issues up in the right case. [read post]
13 Jun 2018, 3:48 am
It said: "we further extend these requirements to both examining attorneys and applicants in ex parte proceedings. [read post]
11 Jun 2018, 12:57 pm by Mark Walsh
” A later congressional amendment to that provision makes it clear that the statutory phrase “by reason of the person’s failure to vote” in the clause does not categorically preclude the use of nonvoting as part of a test for removal. [read post]
11 Jun 2018, 2:44 am by Kevin LaCroix
John Reed Stark As the cryptocurrency phenomenon has developed, one of the interesting parts of the story has been the relationship between the digital currency firms and the lawyers that advise them. [read post]
10 Jun 2018, 4:23 pm by Giles Peaker
As Collins J said in R v Newham LBC ex parte Begum the court will not unreasonably enforce the duty. [read post]
7 Jun 2018, 6:20 pm by Scott McKeown
It further reasoned that “[n]othing suggests the Director enjoys a license to depart from the petition and institute a different inter partes review of his own design” and that “Congress didn’t choose to pursue” a statute that “allows the Director to institute proceedings on a claim-by-claim and ground-by ground basis” as in ex parte reexamination. [read post]
7 Jun 2018, 6:00 am by Lila Margalit
Once the judgement came down, it found itself scrambling for implementation measures, and it soon became clear that it would not meet the court imposed deadlines. [read post]
1 Jun 2018, 12:55 pm by John K. Ross
" It is clear the nonprofit was the requester; the nonprofit can sue. [read post]