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11 Feb 2013, 7:45 am by Lawrence B. Ebert
McKELVEY in Ex parte Wacker Chemie AG ,concerning application 11/686,037 :On the basis of the above-mentioned portions of Weitzel, the Examiner hada more than adequate reason for concluding that it would have been obvious to usepolyvinyl alcohol in the amounts described by Weitzel absent convincing evidenceof an unexpected result based on the use of applicant’s amounts. [read post]
16 Jan 2017, 1:49 pm by Lawrence B. Ebert
Lemley, Ex Ante Versus Ex Post Justifications for Intellectual Property, 71 U. [read post]
21 Nov 2016, 4:19 am
The lack of evidence of actual confusion carries little weight in the ex parte context. [read post]
29 Apr 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
But we think the relevant perspective should be ex ante, not ex post, even as ex post data in a given scenario might in some small way be probative of ex ante risk A student should not escape punishment simply because disruption does not take place even though it was likely to occur; the school need not wait until actual disruption arises, and should be free to prevent disruption from occurring in the first place. [read post]
29 Oct 2009, 10:10 am by Brian Evans
In a recent interview on NPR, former Texas Governor Mark White discussed his lack of faith in the ability of the legal system to reliably handle death penalty cases, and emphasized the seriousness of handing down an irreversible sentence to a person who may later be proven innocent. [read post]
8 Jan 2008, 12:58 am
Thanks to the Benefit of Hindsight blog for concisely explaining Ex Parte Matsuoka (October 29, 2007) where the USPTO Board of Patent Appeals and Interferences upheld the obviousness rejections of the claims of U.S. [read post]
22 Aug 2013, 9:01 pm by John Dean
A judge may: “(b) When circumstances require it, permit ex parte communication for scheduling, administrative, or emergency purposes, but only if the ex parte communication does not address substantive matters and the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication. [read post]
25 Mar 2016, 6:24 am by Susan Hennessey
And while ex parte procedures are necessary, they are a necessary evil. [read post]
12 Sep 2022, 4:24 am by Y. Michael Yin, JD
Rationale: Plaintiff argued that the trial court lacked jurisdiction to enter an order modifying the 2013 custody order because his 2018 motion was no longer pending, having been resolved by the orders entered by the court addressing both the emergency ex parte motion and visitation. [read post]
23 Apr 2009, 6:03 am
This will be the very first time that there has been appellate scrutiny of the RIAA's ex parte "John Doe" procedure during the 5 years it's been in place. [read post]
17 Jun 2014, 12:02 pm by Law Lady
CARNICELLA, Appellee. 5th District.Judges -- Disqualification -- Ex parte conference -- Fact that judge conducted ex parte conference constitutes legally sufficient basis for disqualification -- Petition for writ of prohibition grantedRACHEL BERRY, Petitioner, v. [read post]
22 Jun 2010, 10:33 am
Ex parte Siemag The Alabama Court of Civil Appeals denied a petition for a writ of mandamus (to compel the lower court to reverse itself) sought by two defendant corporations that were seeking to transfer venue on the basis of forum non conveniens. [read post]
8 Jan 2020, 4:28 am
"Lord Bingham identified two stages in the enquiry: (1) whether the evidence is assumed (provisionally) to be true, and if so, legally admissible; and (2) whether evidence or some of it (and if so which parts of it), which ex hypothesi is legally admissible, should be admitted. [read post]
18 Nov 2011, 9:12 am by Michael O'Hear
 Many years later, they were charged with and pled guilty to wire fraud for their part in the scheme. [read post]
5 Apr 2012, 4:12 pm
A Kalamazoo jury awarded $1.23 million to the family of a 66-year-old Lawton woman who died of a brain injury caused by the lack of oxygen during surgery in 2008. [read post]