Remove Construction Remove Drafting Remove Statute
article thumbnail

Justices signal narrow support for allowing equitable tolling of tax deadline

SCOTUSBlog

The question in Boechler is whether the statute bars a taxpayer who missed the deadline from asserting equitable tolling, which allows courts to excuse missed deadlines in some circumstances. Under applicable precedent, if the statute makes the 30-day time limit jurisdictional, then equitable-tolling claims are barred.

Statute 108
article thumbnail

One Patent’s ‘Processor’ is Another’s ‘Means for Processing’: Dueling Claim Constructions at the Federal Circuit

Patently O

Most commonly patentees draft claims that cover the physical structure of an invention or the particular steps taken in a process. A “nonce” word is a verbal construct that does not convey a particular structure, such as “element,” “device,” or other generic, non-structural terms. 35 U.S.C. §

Insiders

Sign Up for our Newsletter

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

article thumbnail

The MPF Resurrection: Still Waiting for a Miracle?

Patently O

Although MPF claims may seem broad on their face, the statute limits their scope to cover only the corresponding structures disclosed in the patent document (the specification) and their equivalents. Williamson established the absence of the term “means” no longer creates a strong presumption against applying MPF construction.

article thumbnail

The Essential Role of Paralegals: A Comprehensive Overview

Paralegal-Edu.Org

They may be involved in the research of case laws, statutes, or regulatory provisions and thereby display their proficiency in mining large legal repositories to dig out precedents, relevant statutes, and other important information.

article thumbnail

Are Alaska Native corporations Indian tribes? A multimillion-dollar question

SCOTUSBlog

They further claim that subsequent statutes, federal agencies and appeals court decisions have all already recognized the corporations as entities eligible for federal contracting under the ISDA. They further argue that Alaskan Natives’ health care needs have been, and will continue to be, met by regional tribal nonprofits.

article thumbnail

FDA Medical Device Ban Overturned For the First Time

FDA Law Blog

Senior Circuit Judge Sentelle, who drafted the opinion, found determinative the statutory restriction prohibiting FDA from interfering in the practice of medicine: When Congress has spoken in a statute, we assume that it says what it means and that the statute means what it says. Circuit Court of Appeals to overturn the ban.

Statute 52
article thumbnail

Choice of law rules and statutory interpretation in the Ruby Princess Case in Australia

Conflict of Laws

Statute has left little of the common law untouched. The Interaction between a Mandatory Law and an Exclusive Jurisdiction Clause Statutes generally fall into one of three categories (see Maria Hook, ‘The “Statutist Trap” and Subject-Matter Jurisdiction’ (2017) 13(2) Journal of Private International Law 435).

Laws 59