Remove 2023 Remove Prima Facie Case Remove Statute
article thumbnail

No Mandamus Relief in Privilege Ruling

Patently O

2023-145 (Fed. The court also cited federal statutes associated with fraud against the US: 18 U.S.C. ยงยง 371 (Conspiracy to commit offense or to defraud United States), 1001 (false statement to US). Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus filed by Cozy, Inc. In re: Cozy, Inc. , 21-cv-10134-JGD.

article thumbnail

Federal Circuit Continues to Apply Strict Obviousness-Type Double Patenting Analysis

Patently O

The PTO responsive brief is due December 14, 2023. = = = The Federal Circuit recently affirmed a PTAB rejecting claims in a patent application filed by Institut Pasteur on the ground of obviousness-type double patenting. 13, 2023) (non-precedential). Cellect’s petition has been supported by 10 amicus briefs. 2022-1896 (Fed.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

New rules on service outside Australia for the Federal Court of Australia

Conflict of Laws

The Federal Court Legislation Amendment Rules 2022 (Cth) (โ€˜Amendment Rulesโ€™) came into force on 13 January 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).

Court 40
article thumbnail

Denial of Natural Justice as a Defence to Enforcement of a Chinese Judgment in Australia

Conflict of Laws

In Yin v Wu [2023] VSCA 130 , the Court of Appeal of the Supreme Court of Victoria set aside a judgment [1] which had affirmed the enforcement a Chinese judgment by an Associate Justice of the Supreme Court. [2] Yinโ€™s evidence raised a prima facie case that he had been denied natural justice in the Chinese proceedings: [91].