Search for: "Ex Parte Lacks"
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12 Nov 2018, 11:07 am
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
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]
9 Apr 2021, 3:00 am
What do Ex Parte Injunctions Cover? [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
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]
6 Aug 2010, 3:10 am
Still, not all ex parte reexaminations are involved in litigation. [read post]
31 Jan 2011, 3:10 am
Stay of Parallel Litigation Denied Due to Lack of Estoppel? [read post]
3 Jan 2013, 7:49 am
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
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]
4 Jan 2013, 5:48 am
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]
17 Apr 2013, 6:12 am
Ex parte Taylor Of a rejection for lack of written description, the appellant prevailed: We agree with Appellants. [read post]
14 Dec 2009, 8:11 pm
Ex parte Rodriguez (precedential)Decided October 1, 2009 (Appeal 2008-000693, Appl. [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]
1 Oct 2007, 3:23 am
Here is the abstract:In Ex parte Milligan, decided a year after the end of the Civil War, the Supreme Court held that the U.S. military had lacked the constitutional authority during the war to try U.S. citizens living in Indiana before a military commission. [read post]
15 May 2023, 1:38 pm
The appraisers shall not have any ex parte communications with the umpire. [read post]
28 Sep 2011, 10:09 am
” At trial, a judge in the city of Nice, which is in southern France, ruled that this definition implies that “sexual relations must form part of a marriage. [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
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
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
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]
