Patently O

OCTOBER 12, 2021

The patentee primarily these cases on claim construction on two simple terms — based largely on statements made during prosecution to skirt the prior art. . This construction excused Nokia from infringement, since the accused Nokia system is arranged in a grid of 50-meter-by-50-meter bins. Sprint Communications Company , No.

Litigation 61

Litigation Litigating Construction Technology 61

Patently O

JANUARY 17, 2022

Deepsouth litigated its case to the Supreme Court, and the Court eventually allowed the company to escape some portion of its adjudged liability based upon the territorial limits of U.S. ” However on certiorari, the Supreme Court felt itself bound by the statute and precedent. patent law. Deepsouth at 531.

Manufacturing 122

Manufacturing Litigation Litigating Statute 122

Patently O

MAY 20, 2022

using the data model to construct a client application also with the user interface paradigm. ” During claim construction, Microsoft had asked for the term to be construed as meaning “no human labor required.” Microsoft’s counsel then asked, “Can we resolve the claim construction issue?”

Construction 80

Construction Litigation Litigating Statute 80

ClimateChange-ClimateLaw

MARCH 18, 2021

RELDI represented Win With Wind in litigation before the PSC to advocate for the project. Bureau of Ocean Energy Management before construction can begin. The statute also requires the development of at least 9,000 megawatts of offshore wind electricity generation by 2035—up from zero today.

Construction 94

Construction Statute Law Firms Law Firm 94

SCOTUSBlog

DECEMBER 3, 2021

By looking at how the word “judgment” is used in other sections of the Immigration and Nationality Act and the courts’ presumption “that a given term is used to mean the same thing throughout the statute,” the government argues that subparagraph (B)(i) should be read to refer only to discretionary decisions. Finally, citing to INS v.

Immigration 145

Immigration Statute Government Court 145

SCOTUSBlog

JUNE 22, 2023

Jicarilla Apache Nation , the court held that the United States owes no duty to Indian tribes except those expressly noted in treaties, statutes, or regulations. Following cases such as United States v. The post Supreme Court rules 5-4 against Navajo Nation in water rights dispute appeared first on SCOTUSblog.

Court Rules 145

Court Rules Court Government Litigation 145

Patently O

JUNE 15, 2021

Although it required invention in name, it was really just becoming a replacement to monopolies barred by the Statute of Monopolies (1624). . Instead of deriving peace, honour, and affluence from their incessant labour and incomparable skill, they have sunk under vexation and the pressure of litigation. Van Ness argues that the U.S.

Statute 92

Statute Manufacturing Construction Laws 92

Patently O

JULY 24, 2024

Although these decisions may not have as significant an impact in patent law as in other areas, they do pose interesting puzzles with respect to stare decisis as well as agency rulemaking and discretion that will provide many litigation opportunities going forward. A challenger wouldn’t necessarily have to hurry to the courthouse.

Stare Decisis 53

Stare Decisis Administrative Law Construction Laws 53

Patently O

FEBRUARY 24, 2022

The statute indicates that any party to an IPR final-written-decision has a right to appeal. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. A lot of litigation power is being spent on whether or not the plaintiff’s choice of judge (Judge Albright) will stick.

Laws 95

Laws Court Litigation Litigating 95

Paralegal Bootcamp

APRIL 27, 2023

She’s a litigation paralegal at Heygood, Orr & Pearson (no relation to me). Litigation Paralegal Boot Camp Are you still waiting for on-the-job training that takes you through each phase of a litigation case and shows you what you can do to support your attorneys? In this blog, I’m interviewing Jessie Foss.

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Paralegal Certificate Paralegal Paralegals Bar Exam 130

At the Lectern

APRIL 9, 2024

But, separately, it also says that death penalty statutes in effect in 1972 “shall not be deemed to be, or to constitute, the infliction of cruel or unusual punishments. And defendants of all races are up to 8.8 times more likely to be condemned when at least one of the victims is White.” ” (Footnote omitted.)

Court 92

Court Statute Construction Education 92

SCOTUSBlog

MARCH 8, 2022

The Armed Career Criminal Act mandates a 15-year mandatory minimum for Section 922(g) offenders (the federal felon-in-possession-of-a-firearm statute) with at least three prior violent felony or serious drug offense convictions, so long as those convictions were “ committed on occasions different from one another.”

Felony 110

Felony Statute Court Construction 110

ClimateChange-ClimateLaw

APRIL 18, 2023

The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. Berkeley’s so-called “natural gas ban” was the first local ordinance in the country to effectively require all-electric construction of new buildings. Clean Air Act, not EPCA.

Construction 122

Construction Government Legal Legal 122

Patently O

DECEMBER 5, 2022

Proper venue is rarely a big deal these days in Federal Litigation. Congress amended the venue statutes so that, in most cases, venue rises and falls with personal jurisdiction. In the late 1800s Congress created a special venue statute for patent cases that has stuck despite changes in the general law.

Statute 81

Statute Construction Litigation Litigating 81

SCOTUSBlog

JUNE 22, 2022

Throughout the litigation, Washington had claimed that its different treatment of the Hanford site workers resulted from the dangerous nature of the work and was not discrimination against the federal government per se.

Laws 104

Laws Government Construction Statute 104

Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. Rock Creek Construction, Inc. , In Reiss v. internal citation omitted).

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Constitutional Law Reporter

JUNE 1, 2023

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation. The District Court dismissed Reed’s complaint.

Statute 52

Statute Litigating Litigation Cause of Action 52

Paralegal-Edu.Org

APRIL 26, 2024

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.

Paralegal 76

Paralegal Paralegals Legal Assistant Legal Assistance 76

SCOTUSBlog

APRIL 16, 2021

The meaning of these distinctions is at the core of the current litigation over the 2020 CARES Act. 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.

Government 122

Government Contract Statute Education 122

ClimateChange-ClimateLaw

MARCH 29, 2023

Photo by Mathias Reding on Unsplash Climate change litigation has finally reached the world’s highest court. The question put to the ICJ must be a legal question within the meaning of the Statute of the Court and the UN Charter as opposed to a political question. This analysis has precedents in domestic climate litigation.

Diligence 145

Diligence Litigation Litigating Legal 145

SCOTUSBlog

MAY 11, 2022

The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission.

Stare Decisis 96

Stare Decisis Administrative Law Statute Government 96

Conflict of Laws

DECEMBER 6, 2023

It is unsurprising then that Princess sought to defend the proceedings at a preliminary stage through litigation over where to litigate. The decision is significant not just for the litigants. The cruise itself departed and returned to Sydney but included time outside of Australia, including in New Zealand.

Contract 72

Contract Laws Court Statute 72

ClimateChange-ClimateLaw

SEPTEMBER 15, 2020

Transmission lines are, like generation facilities, often held up by litigation. Construction and operation of an interstate natural gas pipeline requires a certificate of public convenience and necessity from the Federal Energy Regulation Commission (“FERC”) under Section 7 of the Natural Gas Act. Three Regulatory Regimes.

Construction 59

Construction Litigation Litigating Court 59

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. The “decoration” was found by a man walking his dog and reported by construction workers. The haunted house was constructed of 2×4s and black visqueen. Near and along the entrance of the haunted house was a bathroom building constructed of cinder blocks. 95-717 (La.App.

Tort 50

Tort Litigation Litigating Construction 50

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. The “decoration” was found by a man walking his dog and reported by construction workers. The haunted house was constructed of 2×4s and black visqueen. Near and along the entrance of the haunted house was a bathroom building constructed of cinder blocks. 95-717 (La.App.

Tort 48

Tort Litigation Litigating Construction 48

Patently O

SEPTEMBER 21, 2022

Once the IPR concluded, district court litigation restarted, focusing on claim 27. The statute is not crystal clear on this point–even more so now that we recognize that partial institution was improper. But, lets look at the statute. But, lets look at the statute. I have been struggling through this statute.

Statute 58

Statute Construction Litigation Litigating 58

Patently O

JULY 16, 2021

Barring unusual claim construction, an accused system cannot infringe both claims 2 and 3 since they are claimed in the alternative. ” In this particular case, the district court did not rule on the merits of the of the excuse, but ruled that that the concern had been raised too late in the litigation to be viable.

Court 124

Court Diligence Construction Statute 124

Patently O

JUNE 26, 2024

The statute at issue 28 U.S.C. Apple had argued for a narrow claim construction of the claimed “impact on said mounting surface,” but Judge Corley concluded that such claim construction disputes are inappropriate for resolution at the motion to dismiss stage. 3d 201 (5th Cir. 9,996,738 to proceed.

Litigation 40

Litigation Litigating Construction Court 40

Conflict of Laws

OCTOBER 23, 2023

Statute has left little of the common law untouched. US customers also waived their rights to litigate in representative proceedings against Carnival (the ‘class action waiver’) ( PJ, [27] ). First, a statute may impose a choice of law rule directing the application of the lex fori where a connecting factor is established.

Laws 59

Laws Contract Statute Construction 59

Patently O

OCTOBER 18, 2023

Stark reversed the TTAB’s cancellation order, finding the statute only permits cancellation for fraudulent acts taken while obtaining the registration , not for establishing incontestability. The dispute here involves two adjacent provisions of the Federal Trademark statute known as the Lanham Act of 1946 (as amended).

Statute 64

Statute Attorney Sports Court 64

Patently O

APRIL 15, 2021

The case does not expressly decide any patent law issues, but does provide some guidance as to how courts should approach mixed questions of law and fact (such as claim construction) and the right to a jury trial. FTC (standard for showing objectively baseless “sham litigation” exception to Noerr-Pennington immunity).

Laws 83

Laws Court Technology Construction 83

ClimateChange-ClimateLaw

NOVEMBER 6, 2023

The law on excessive penalties may be different in other states, and in some instances state law may limit local authority to impose fines or penalties in other ways, such as by statute. The court has little patience for this argument. Quoting an earlier case, Oriental Blvd.

Laws 135

Laws Court Government Construction 135

Patently O

JUNE 12, 2024

Note: I was involved in litigating patents from this patent family when owned by the predecessor-in-interest. I am no longer involved the litigation. The district court concluded that the patentee Eazy-PZ had engaged in litigation misconduct—all of which was associated with the asserted utility patent. Luv N’ Care, Ltd.

Litigation 53

Litigation Litigating Court Statute 53

Patently O

FEBRUARY 8, 2022

That prevision bars an IPR petitioner involved in patent litigation from asserting any invalidity grounds that the petitioner had “raised or reasonably could have raised during that inter partes review.” The scope of estoppel provided by 315(e) has been subject to substantial litigation. ” Id. ” Slip Op.

Litigation 56

Litigation Litigating Diligence Court 56

Constitutional Law Reporter

MAY 14, 2024

All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” According to the Court, this requirement “undermines any attempt to give the provision a sweeping, open-ended construction,” instead limiting §1 to its appropriately “narrow” scope.

Contract 52

Contract Court Construction Constitutional Law 52

ClimateChange-ClimateLaw

JANUARY 22, 2024

States, however, retain primary authority over “ siting, permitting, and construction ” of most transmission lines. Under the Federal Power Act (FPA), the Federal Energy Regulatory Commission (FERC) has authority to regulate “ the transmission of electric energy in interstate commerce.” FERC Order No.

Court 83

Court Construction Laws Government 83

Legal Writing Launch

SEPTEMBER 27, 2024

They enable attorneys to convey their clients position clearly and persuasively, leading to better outcomes in litigation and transactional work. Citing case law, statutes, and other authoritative sources strengthens your position. Constructive criticism provides valuable insights into areas of improvement.

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