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Making a Proper Determination of Obviousness

Patently O

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. However, it is evident that the term is no longer understood in a rigid or formalistic way. Qualcomm Inc.,

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An incredible invention (incredible = not credible).

Patently O

On appeal, though, the Federal Circuit found that the USPTO had presented a prima facie case by noting that the invention: “violates the first law of thermodynamics,” is “contrary to traditional understanding of chemistry,” and “violates the classical laws of physics” including conservation of mass. In re Hu ( Fed.

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Court of Appeals releases first opinion addressing Tennessee Public Participation Act.

Day on Torts

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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Legislature likes, clarifies Supreme Court interpretation of statute narrowing murder liability

At the Lectern

Lewis (2021) 11 Cal.5th Lewis (2021) 11 Cal.5th 5th 952, 961-970, regarding petitioners’ right to counsel and the standard for determining the existence of a prima facie case” and that it “[a]ddresses what evidence a court may consider at a resentencing hearing (clarifying the discussion in People v.

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Hyatt v. Hirshfeld: A perfect storm that overwhelmed the PTO

Patently O

52(c) judgment against the PTO – finding that it had failed to present a prima facie case of prosecution laches. by Dennis Crouch. Gil Hyatt v. Hirshfeld ( Fed. Patent terms generally last for 20-years from filing. Although Hyatt was not easy to work with, substantial aspects of the blame-for-delay rest with the PTO.

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Supreme Court to decide Prop. 22 challenge and another SB 1437 resentencing case [Updated]

At the Lectern

Resentencing prima facie case. Reyes , one of many cases concerning possible resentencing under Senate Bill 1437 (more about today’s Reyes decision later [ update : here ]), the court agreed to take on yet another SB 1437 case, People v. Lewis (2021) 11 Cal.5th 22 challenge. COVID insurance.

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Legal Malpractice Claim Filed More than One Year after BPR Complaint was Untimely.

Day on Torts

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.