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12 Nov 2018, 11:07 am by Eric Goldman
In my pre-passage essay against the ex parte seizure provision, I expressly didn’t address the DTSA ex parte seizure provision’s constitutionality. [read post]
11 Jan 2010, 5:34 am by The Docket Navigator
Apple, Inc., 2-08-cv-00104 (TXED January 7, 2010, Order) (Everingham, M.J.).Defendants' motion to stay pending ex parte reexamination was denied based on "the lack of a final rejection in the proceeding, the fact that the plaintiff and defendants are competitors, and the uncertain timeframe in which the reexamination will be completed. [read post]
30 Mar 2017, 4:04 pm
See Local Rule 37-3 (to be heard on an ex parte basis, the moving party must show "irreparable injury or prejudice not attributable to the lack of diligence of the moving party"). [read post]
20 Jun 2013, 10:55 am by Lawrence B. Ebert
from Ex parte YAMAZAKIOf a rejection for lack of utility:While the Examiner emphasizes that the Specification provides noevidence of an operative embodiment therein “which can operate in theentire claimed range of ‘0.3 microns or less’” (Ans. 16-17), that is not arequirement for utility. [read post]
3 Jan 2013, 7:49 am by Lawrence B. Ebert
The Board reversed the Examiner as to rejections for lack of written description and lack of enablement in Ex parte Bedingham Ariad, 598 F.3d 1336 (CAFC 2010), was cited as to written description. [read post]
3 Jan 2013, 2:04 pm by Lawrence B. Ebert
Ex parte Gomoll cites KSR and sustains an obviousness determination.Within the decision:Appellants have not adequately explained why the Examiner’s reasoning of “improv[ing] heat insulating effects in the edge region of the door” lacks rational underpinning. [read post]
9 Sep 2014, 4:57 pm by Richard M.
Timothy Durham, the ex-CEO of Fair Finance Co., was sentenced to 50 years of jail time for taking part in a fraud that affected thousands of investors over $200 million. [read post]
17 Apr 2013, 6:12 am by Lawrence B. Ebert
Ex parte Taylor Of a rejection for lack of written description, the appellant prevailed: We agree with Appellants. [read post]
4 Jan 2013, 5:48 am by Kenneth Anderson
Professor Kent will be guest-posting about the article, so the Readings post will be brief, but we wanted to flag this interesting and provocative analysis of Ex Parte Quirin. [read post]
20 Nov 2013, 7:34 am
If you are aware of any other ex parte cases now on appeal to the CAFC, please let me know and I will add it/them to the list. [read post]
14 Dec 2009, 8:11 pm by Karen G. Hazzah
Ex parte Rodriguez (precedential)Decided October 1, 2009 (Appeal 2008-000693, Appl. [read post]
24 Feb 2009, 10:24 am
Of course, if things do not go well at the PTO, each Defendant in turn can file a request for ex parte reexamination. [read post]
25 Jan 2013, 4:16 pm by Lawrence B. Ebert
In Ex parte NAGAZUMI, the appellant lost: We affirm the stated rejection for substantially the reasons set forth by the Examiner in the Answer.Ex parte Frye, 94 USPQ2d 1072, 1075 (BPAI 2010) (precedential).An appellant may attempt to overcome an examiner’s obviousness rejection on appeal to the Board by submitting arguments and/or evidence to show that the examiner made an error in either (1) an underlying finding of fact upon which the final conclusion of… [read post]
13 Mar 2013, 10:22 am by Lawrence B. Ebert
from within Ex parte Lin-->As to a rejection for lack of written description:The factual inquiry for determining whether a Specification provides sufficient written description for the claimed invention is whether the specification conveys with reasonable clarity to those skilled in the art that, as of the filing date sought, applicant was in possession of the invention as now claimed. [read post]
3 Jan 2019, 4:00 am by Laura Valade
The appeals court held the Superior Court lacked subject matter jurisdiction to consider the hospital’s ex parte oral requests for relief to medically treat the teenaged patient. [read post]
3 Jan 2019, 4:00 am by Laura Valade
The appeals court held the Superior Court lacked subject matter jurisdiction to consider the hospital’s ex parte oral requests for relief to medically treat the teenaged patient. [read post]