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23 Apr 2014, 7:44 am by Lawrence B. Ebert
Novel , the dispositionwhich statesBecause we agree with Novel that the district courterred in its construction of the claim term “clinicallysignificant electrolyte shifts,” we reverse the districtcourt’s claim construction of that term, vacate the districtcourt’s grant of summary judgment of infringement, andremand for further factual findings to determine whetherthe composition covered by Novel’s ANDA product infringesunder the new claim construction… [read post]
24 Apr 2017, 6:45 pm by Lawrence B. Ebert
”In the alternative, Skedco contends that the district courterred when it required “direct,” “independent,” physical,”and “separately controlling” connections between thecontroller and the pump and valve structures in the BPS.For these reasons, Skedco argues, the district court erredin granting summary judgment of no literal infringementby StOps’s BPS.Skedco quickly won on the first point:The district court construed “at least one… [read post]
14 Feb 2019, 3:03 pm by Lawrence B. Ebert
Because the district courterred in determining that there were no genuine disputesof material fact on both issues, we reverse and remand forfurther proceedings.Ariad is cited as to written description:We have held that “the test for sufficiency” of a patent’swritten description “is whether the disclosure of the application relied upon reasonably conveys to those skilled inthe art that the inventor had possession of the claimed subject matter as of the filing date. [read post]
29 Apr 2010, 7:03 am by Gideon
Stonington Animal Control Officer Rae Jean Davis wrote in an arrest warrant application that she believes Michelle Courter of Stonington set traps for numerous cats and placed ads for them on petfinder.com. [read post]
5 Nov 2014, 10:49 am by Lawrence B. Ebert
Cir. 2004) (internal quotations omitted).Williamson also won on a 112 P6 issue:We agree with Williamson that the district courterred in concluding that “distributed learning controlmodule” is a means-plus-function claim term.Section 112, para. 6, provides that “[a]n element in aclaim for a combination may be expressed as a means orstep for performing a specified function without therecital of structure, material, or acts in support thereof. [read post]
22 Apr 2014, 11:29 pm by Lawrence B. Ebert
Novel :Because we agree with Novel that the district courterred in its construction of the claim term “clinicallysignificant electrolyte shifts,” we reverse the districtcourt’s claim construction of that term, vacate the districtcourt’s grant of summary judgment of infringement, andremand for further factual findings to determine whetherthe composition covered by Novel’s ANDA product infringesunder the new claim construction articulatedherein. [read post]
9 Feb 2015, 2:52 pm by Lawrence B. Ebert
., whether the district courterred in finding the claim to be indefinite, not evaluatingthe propriety of Markush language.Definiteness involves more than an examination ofthe technical correctness of the use of a Markush expressionthat may have slipped past the examining process. [read post]
9 Jul 2009, 5:13 pm
Clark, The crime of aggression Charles Garraway, The Doctrine of Command responsibility Geert-Jan Alexander Knoops, The transposition of military commander's discretion onto International Criminal Responsibility for Military Commanders: An increasing legal-political Dilemma within International criminal Justice Eric David, Official capacity and immunity of an accused before the International Criminal CourtEric David, Self-defence and state of necessity in the Statute of the ICC… [read post]
26 Feb 2016, 9:06 am by Lawrence B. Ebert
Therefore, we reverse the judgmentof infringement and no invalidity.Because we have found that the asserted claims of the’721 and the ’172 patents would have been obvious, weneed not address Apple’s argument that the jury’s findingof willful infringement of the ’721 patent should be reinstatednor Samsung’s argument that the district courterred in construing “keyboard” in the ’172 patent forpurposes of determining infringement.Outcome:In… [read post]
1 Feb 2016, 10:43 am by Lawrence B. Ebert
Of Arkley and anticipation:Finally, Grunenthal argues that the district courterred by using distinct sections of McGinity and reassemblingthem into an embodiment to find that all of thelimitations were present. [read post]
7 Feb 2008, 5:44 am
The question, for you Fed-Courters out there: Could Phelps-Roper succeed in getting a federal court to enjoin the flag-burning prosecution in § 1983 action under the exception to Younger v. [read post]
10 Mar 2024, 3:58 pm by Desiree LeClercq
India’s acceptance of this language suggests it may be meeting the demands of the European Union, its on-again, off-again trade courter. [read post]
10 Mar 2024, 3:58 pm by Desiree LeClercq
India’s acceptance of this language suggests it may be meeting the demands of the European Union, its on-again, off-again trade courter. [read post]
14 Sep 2015, 2:01 pm
After being convicted of bank fraud, conspiracy to commit bank fraud and aggravated identity theft, Jeffrey Groover appealed. [read post]
11 Nov 2007, 12:58 pm
Specifically, Garner contends that the district courterred in denying his motion for a new trial based on a violation of Brady v. [read post]
7 Apr 2016, 2:27 pm by Lawrence B. Ebert
Bielawski’s false testimony, the district court heldthat Rembrandt was not entitled to a new trial underRule 60(b)(3) because it had not shown that either JJVCor its counsel was complicit in any fraud or misconduct.Turning first to Rembrandt’s allegations of misconduct,we agree with Rembrandt that the district courterred by failing to fully address Rembrandt’s allegationsof misconduct and requiring proof of complicity. [read post]