2021 Court Prima Facie Case 
Patently O
FEBRUARY 27, 2024
Still, the guidelines spend some time on the requirements of a prima facie case; the necessity of both evidence and reasoning to support any obviousness rejection; and consideration of all evidence before the examiner. The updated guidance underscores that the factual inquiries set forth by the Supreme Court in Graham v.
Day on Torts
JUNE 30, 2021
When defendant filed a petition to dismiss a defamation case under the Tennessee Public Participation Act (TPPA), and plaintiff failed to respond by “establish[ing] a prima facie case for each essential element of the claim in the legal action,” dismissal was affirmed. In Nandigam Neurology, PLC v. Beavers , No.
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At the Lectern
SEPTEMBER 20, 2021
Two months ago , the Supreme Court in People v. Lewis (2021) 11 Cal.5th Lewis (2021) 11 Cal.5th By our count, there are 327 cases on the court’s docket holding for Lewis. (See It’s unclear whether SB 775 would affect those cases. See here and here.) See here.).
At the Lectern
JUNE 29, 2023
There were actions of note at the Supreme Court’s conference yesterday, uncommonly held during the same week as it heard oral arguments. Those actions included: Supreme Court will hear Prop. Supreme Court OKs LWOP commutation. Resentencing prima facie case. 22 challenge. COVID insurance.
Patently O
JUNE 1, 2021
From 2003-2012, the PTO stopped examining Hyatt’s applications pending litigation in a couple of the cases that culminated in the Supreme Court’s decision in Kappos v. This case involves four applications that were rejected by the examiners and the PTAB. 145 seeking a court order that the USPTO issue his patents.
Patently O
FEBRUARY 25, 2021
Gov’t is a defendant, the lawsuit was filed in the Court of Federal Claims (CFC) under 28 U.S.C. The CFC agreed with Bitmanagement that it “had established a prima facie case of copyright infringement.” Bitmanagement Software GmbH v. US , 20-1139 ( Fed. Section 1498(b). Bitmanagement Software GmbH v.
Day on Torts
JANUARY 11, 2022
28, 2021), plaintiff filed this pro se legal malpractice claim against defendant on December 20, 2019. Defendant filed a motion to dismiss, asserting that the BPR decisions on the matter “were res judicata and Plaintiff had failed to establish a prima facie case of legal malpractice.” In Jones v. Marshall , No.
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