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8 Jan 2008, 1:26 pm
See 3 Restatement (Third) of Trusts § 87 (2007).The precise definitions of these various standards, the nuances separating them from one another, "cannot be imprisoned within any forms of words" for "we cannot escape, in relation to this problem, the use of undefined defining terms. [read post]
9 Jan 2013, 1:46 pm by Lawrence B. Ebert
The examiner does not conduct experiments30 and cannot be faulted for an inability to be more precise about how Mitsubishi's test relates to the standard test. [read post]
18 Jul 2018, 7:40 am by Rebecca Tushnet
American Society for Testing and Materials v. [read post]
31 Jan 2013, 3:07 am
Although she explained that "a court need not, and indeed may not, construe such terms to give them greater precision, absent a standard for imposing a more precise construction in the specification", she rejected the equivalence between lack of precision and lack of construability. [read post]
3 Apr 2012, 8:18 am by Erica Goldberg
In law school, I preferred rules over standards (this has relaxed somewhat with age). [read post]
15 Jun 2011, 1:24 pm
On May 25, 2011 the Federal Circuit released its en banc decision in Theresense, Inc. v. [read post]
9 May 2014, 12:00 am
  Rather, how much clarity is required necessarily invokes some standard of reasonable precision in the use of language in the context of the circumstances. [read post]
20 Dec 2011, 10:11 am by Ronald Mann
One of the most common problems the Court has faced since the creation of the Federal Circuit has been deciding what standard courts should use to assess the decisions of the Patent and Trademark Office (PTO) when it issues, or refuses to issue, a patent. [read post]
24 Mar 2017, 4:00 am by Sean Vanderfluit
Rev. 665, Professor Fridman argued that it is not possible to precisely and definitively express a standard of proof, no matter how technically language might be used. [read post]