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31 Oct 2015, 4:29 pm
”In contrast section 8 of the Representation Agreement Act provides:Test of incapability for standard provisions8  (1) An adult may make a representation agreement consisting of one or more of the standard provisions authorized by section 7 even though the adult is incapable of(a) making a contract,(b) managing his or her health care, personal care or legal matters, or(c) the routine management of his or her financial affairs.(2) In deciding whether an adult is… [read post]
6 Mar 2016, 10:19 am by Gene Takagi
The schedules are for (A) churches; (B) schools, colleges, and universities; (C) hospitals and medical research organizations; (D) supporting organizations; (E) organizations not filing Form 1023 within 27 months of formation; (F) homes for the elderly or handicapped and low-income housing; (G) successors to other organizations; and (H) organizations providing scholarships, fellowships, educational loans, or educational grants to individuals and private… [read post]
4 Jan 2015, 4:46 pm by Kenneth Vercammen
Defendant may use demonstrative and documentary evidence, which the State may inspect and copy or photograph after paying reasonable expenses therefor: a) photographs c) video e) maps g) pharmacy records h) films d) diagrams f) medical/hospital h) weather records10. [read post]
18 Nov 2018, 7:12 pm by Eugene Volokh
Jervis give me a [c]haracter, for fear it should be thought I was turn'd away for [d]ishonesty. [read post]
8 Aug 2011, 3:01 pm by Oliver G. Randl
The present decision illustrates this fact.Claim 1 before the Board read (in English translation):Storage device with variable storage capacity, in particular for storing rod-shaped products, the storage device comprising:[a] an input area (47), an output area (48) and[b] a continuous conveying element (62) connecting the input area (47) to the output area (48) in such a way that the storage device (10) operates on the principle of “first in-first out” (FiFo store),[c] the… [read post]
6 Mar 2019, 12:24 pm by Roel van Woudenberg
Nevertheless, it tended to the view that the simulation method underlying claim 1 of each request did not contribute to the technical character of the invention and that the subject-matter of claim 1 of each request lacked inventive step.V. [read post]
8 Apr 2019, 11:31 am by Rebecca Tushnet
There haven’t been many litigated cases b/c what’s at stake isn’t always enough to support litigation. [read post]
5 Aug 2012, 5:01 pm by oliver
The EBA has noted further that “[T]o restrict the application of R 28(c) (formerly R 23d(c)) to what an applicant chooses explicitly to put in his claim would have the undesirable consequence of making avoidance of the patenting prohibition merely a matter of clever and skilful drafting of such claims” (see point [22] of the Reasons). [21] The present Board does not see any reason to apply this approach of decision G 2/06 to the situation underlying… [read post]
13 Jan 2019, 11:30 pm by Guido Paola
The BoA concludes that indeed such a delay can be considered a substantial procedural violation (in line with T 823/11 but deviating from T 1824/15). [read post]
15 Mar 2017, 3:01 pm by Eugene Volokh
The question — should this be read as employees involved in (a) canning, (b) processing, (c) preserving, (d) freezing, (e) drying, (f) marketing, (g) storing, (h) packing for shipment, or (i) distribution of those products — a broad interpretation, favored by the employer — or (a) canning, (b) processing, (c) preserving, (d) freezing, (e) drying, (f) marketing, (g) storing, or (h) packing for shipment or… [read post]
28 Jul 2014, 9:16 am by Rebecca Tushnet
As for its common law trade dress, Reynolds claimed(a) the color scheme; (b) the use of the color scheme; (c) the use of prominent lettering within the blue section; (d) the use of silver bands to separate the blue and pink sections; (e) the placement of the quantity information; (f) the inclusion of the “made in the U.S.A. [read post]
11 Jun 2016, 5:01 am by SHG
H/T Jim Tyre Copyright © 2007-2016 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
16 Sep 2019, 4:30 am by Ray Dowd
Dynegy, Inc., 344 F.3d 446, 451 (5th Cir. 2003) (“[T]he existence of a license authorizing the use of copyrighted material is an affirmative defense to an allegation of infringement .... [read post]
4 Jul 2017, 4:38 am by Romano Beitsma
T 0578/12: Dispensing restricted products Many features of the claimed invention were disclosed in an earlier patent application. [read post]
17 Mar 2017, 3:21 pm
  Because the César Chávez Day holiday fell on Sunday, March 31, that year, April 1 was a court holiday. [read post]