2021 Litigating Prima Facie Case 
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. 52(c) judgment against the PTO – finding that it had failed to present a prima facie case of prosecution laches. by Dennis Crouch.
Patently O
MARCH 31, 2024
Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. 2021) (summary judgment). Lacerta Group, LLC , No. 2022-1954 (Fed. Inline Plastics Corp. Lacerta Group, Inc.,
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Conflict of Laws
OCTOBER 1, 2024
This is a significant turning point in the intersection of arbitration and cross-border litigation in India since the remedy of anti-enforcement injunction is rarely granted by judicial authorities across jurisdictions. However, the Delhi High Court’s decision to grant one in this case marks an interesting departure from this reluctance.
Conflict of Laws
JANUARY 15, 2023
Leave to serve turned on three conditions: the court had subject matter jurisdiction, the claim was of a kind mentioned in the rules, and the party had a prima facie case for any or all of the relief claimed: FCR r 10.43(4). Doing away with the need to seek leave in advance will increase efficiency and save some costs.
Conflict of Laws
JUNE 11, 2023
On 22 October 2021, summary judgment was entered in favour of Wu by an Associate Justice of the Supreme Court: Wu v Yin (Supreme Court of Victoria, Efthrim AsJ, 22 October 2021); see Wu v Yin [2022] VSC 729, [5]. Yin’s evidence raised a prima facie case that he had been denied natural justice in the Chinese proceedings: [91].
Patently O
APRIL 1, 2024
In the ensuing Hatch-Waxman litigation, Teva stipulated to infringement but challenged the patent on obviousness and indefiniteness grounds. In most cases, unexpected results are (also) considered as part of the prima facie case of obviousness with reference to motivation to combine and especially reasonable expectation of success.
Above The Law
JANUARY 24, 2025
Biden appointed the most judges to the Second Circuit in 2021, to the Ninth in 2022, and even had one judge begin active service in 2025 ( Embry Kidd in the Eleventh Circuit). The aspects I examined in each decision were the case details, outcome, area(s) of law, and the ideological leaning that each decision conveys.
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