Remove 2023 Remove Attorney Remove Prima Facie Case
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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. Notice how many reference there are in the Winslow tableau image above). DivX, LLC, 80 F.4th 4th 1352 (Fed.

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Supreme Court on Patent Law: November 2023

Patently O

If cert is granted, this would be a very important case. 23-574): This case examines whether attorney fees can be awarded based on pursuing litigation deemed “baseless” after a magistrate judge’s non-infringement recommendation but before the district judge finalizes that recommendation. Traxcell Techs.

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Supreme Court takes two cases — including one on its own motion — at yesterday’s conference — Part II

At the Lectern

’ The court concluded, however, that the petition didn’t make a prima facie case — “the allegations of the petition do not support the conclusion that the language cited by petitioner is racially discriminatory or that it reflects racial bias or animus.” See here.)

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No Mandamus Relief in Privilege Ruling

Patently O

seeking to set aside a district court discovery order piercing attorney-client privilege. 2023-145 (Fed. The crime-fraud exception provides that attorney-client privilege does not apply to communications between a client and attorney that are made for the purpose of furthering criminal or fraudulent activity. 100 (2009).

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No straight grants at yesterday’s conference

At the Lectern

A concurring justice asserted that “statistical evidence can be sufficient on its own to make a prima facie case.” There were two criminal case grant-and-holds , both additional cases waiting for a decision in People v. Rojas (2023) 15 Cal.5th ” Arbitration unconscionability.

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The drop in straight grants is indeed not permanent — Part I

At the Lectern

Superior Court (2023) 15 Cal.5th 2023) 97 Cal.App.5th In another case involving the Racial Justice Act (see Montgomery above and Avalos below), the court issued an order to show cause, returnable in the superior court, in In re Naddi , a pro per’s habeas corpus petition. 2024) 99 Cal.App.5th Workers’ Comp.