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29 May 2020, 4:53 am
Here are three ex parte appeals decided yesterday by the Board: a Section 2(d) likelihood of confusion case, a Section 2(e)(1) mere descriptiveness refusal, and a Section 2(e)(4) surname ruling. [read post]
30 Sep 2014, 10:20 am by Matthew L.M. Fletcher
Here: Seminole Cert Petition Here is the question presented: This Court established in Ex parte Young, 209 U.S. 123 (1908), that a plaintiff may sue state officials for prospective injunctive relief against the enforcement of an unconstitutional state law. [read post]
19 Mar 2013, 7:00 am by Lawrence B. Ebert
The appellant prevailed at the Board in Ex parte HartleyWithin the decision, Perricone is cited for the law on anticipation:“A single prior art reference that discloses, either expressly or inherently, each limitation of a claim invalidates that claim by anticipation. [read post]
9 Aug 2013, 1:10 pm by Lawrence B. Ebert
In re Jung is cited against the examiner in Ex parte Harris:The Examiner rejected claim 23 under 35 U.S.C. [read post]
1 Dec 2010, 12:09 am by Steve Vladeck
And Pennhurst II held that Ex parte Young could not be used to pursue prospective relief against state officers for violations of state law. [read post]
30 May 2017, 8:19 am by Andrew Kent
At the same time, state legislatures dominated by ex-Confederates and their sympathizers were enacting the so-called Black Codes in an attempt to reinstitute slavery in all but name, and state legal systems in the South were declining to punish white-on-black terror. [read post]
29 Sep 2023, 4:43 pm by CrimProf BlogEditor
Sharon Brett (University of Kansas - School of Law) has posted Policing State Police: System Reform Within the 'Fiction' of Ex parte Young (Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 59, No. 2, 2024) on SSRN. [read post]
16 Dec 2009, 8:09 pm by Karen G. Hazzah
An earlier post introduced Ex parte Rodriguez and discussed the Board's rejection of means-plus-function and apparatus claims. [read post]
16 Oct 2007, 10:27 am
Seven (7) North Carolina State University students named as "John Does" have joined together, in LaFace v. [read post]
30 Apr 2012, 11:00 am
**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases. [read post]
30 Mar 2015, 12:18 pm
  (We blogged about the varying approaches of different states here.)That leads us to a California state court decision issued ten days ago in the Actos litigation. [read post]
10 Mar 2020, 5:36 pm by Mark Hartsoe
In the supreme court’s view, the problematic language of the statute was that it effectively stripped trial courts of their discretion in deciding whether to grant an ex parte order in a given case. [read post]
28 Nov 2011, 1:10 am by Scott A. McKeown
In the response the PTO acknowledges the potential for abuse in ex parte reexamination proceedings and states that internal controls will be put in place to manage such situations. [read post]
30 Dec 2010, 11:52 am by SOIssues
Then, the state Superior Court recently found some parts of Jessica’s Law unconstitutional. [read post]
4 May 2018, 2:37 pm by Rania Combs
Under ERISA, a plan administrator must distribute benefits to a beneficiary named in the plan regardless of the state law divesting the ex-spouse of his or her right to the benefits. [read post]
1 Jul 2015, 8:27 am by Associates and Bruce L. Scheiner
Plaintiff in Ex parte Quality Carriers, Inc. alleged claims of negligence and wantonness against all defendants. [read post]
25 Apr 2011, 9:52 am by Steven Schwinn - Guest
The Court this week ruled that a suit by a state agency against a state official in federal court can move forward under Ex Parte Young. [read post]
15 Jan 2009, 10:21 am
Notes: In Ex parte Bo Li, the BPAI reversed the rejection of a claim written in similar Beauregard format. [read post]