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 144

Court Rules Court Government Litigation 144

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

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 109

Felony Statute Court Construction 109

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

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

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

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

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.

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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.

Litigating 40

Litigating Litigation Construction Court 40

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 Statute Court 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.

Legal 130

Legal Legal Legal Documents Drafting 130

Patently O

MARCH 30, 2022

You’ll note that the statute does not suggest any difference between well-known or novel elements in their use of means-plus-function language. Rather, as the statute recites, the scope is “construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.”

Construction 58

Construction Court Drafting Laws 58

FDA Law Blog

AUGUST 9, 2021

Both courts disagreed with FDA’s broad assertion of discretion, as neither the statutory construction nor the legislative history supported such discretion. Thus, FDA will evaluate the primary intended purposes and mechanism of action for all products, and then comb the statute for any language suggesting otherwise.

Statute 52

Statute Litigation Litigating Construction 52

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

Among the main legal statutes are: Law 164 of 1994 on the UNFCCC. Despite a strong climate change legal framework, the lack of implementation of statutes and case law is a prevalent and persistent issue in Colombia. Law 629 of 2000 on the Kyoto Protocol. Law 1523 of 2012 on risk management.

Legal 83

Legal Legal Laws Government 83

Conflict of Laws

JUNE 28, 2023

It is cross-posted at Transnational Litigation Blog. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. Washington (1945).

Court 40

Court Statute Cause of Action Contract 40

Patently O

JUNE 17, 2024

BADC cites the late Justice Scalia’s admonition that courts must avoid interpretations “[incompatible] with the reason [and] purpose of the statute.” Congress did not intend for the USPTO to have that latitude. Antonin Scalia, Judicial Deference to Administrative Interpretations of Law , 1989 Duke L.J. ” 5 U.S.C. §

Entertainment 45

Entertainment Construction Work From Home Statute 45

JonathanTurley

MARCH 20, 2021

Indeed, to use a litigation term, his opponent could be viewed as “opening the door” to such rebuttal by raising the theme of unity in the aftermath of the controversy when Sharma believes that she helped fuel of a campaign of disunity. General Construction Co. , 269 U.S. General Construction Co. , 269 U.S.

Laws 41

Laws Law School Statute Construction 41

At the Lectern

JULY 6, 2023

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

Cause of Action 45

Cause of Action Tort Construction Court 45

Conflict of Laws

NOVEMBER 4, 2022

Not surprisingly, due weight was given to Switzerland and Belgium, as the former is considered to have a model legislation on the discipline and the latter has the “youngest” statute of continental Europe.

Laws 52

Laws Drafting Construction Family Law 52

FDA Law Blog

DECEMBER 20, 2021

As a matter of statutory construction, absent explicit language, statutes are generally intended to apply prospectively. We will be monitoring developments in this litigation. Here, FDA has not issued a rule or other formal administrative action, but it has—in what are purportedly non-final actions—pressed its interpretation.

Construction 52

Construction Manufacturing Legal Legal 52

Patently O

DECEMBER 11, 2023

This seems both untenable as a practical outcome and inconsistent with both the statute and governing precedent. Based on my review of reported decisions, contributory infringement has not played a significant role in pharmaceutical patent litigation, and is redundant in view of the availability of an action for induced infringement.

Technology 45

Technology Litigation Litigating Construction 45

JonathanTurley

JULY 17, 2023

Long before the opinion was released, universities were already sensing that the use of race in admissions was coming to an end after decades of intense litigation. Yet most believe the fight will continue as schools creatively construct new pathways to accommodate racial discrimination. Taxpayers are not a captive audience.

Education 53

Education Depose Sports Construction 53

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. On November 23, GM announced that it was withdrawing from the litigation. By Margaret Barry and Korey Silverman-Roati.

Court 59

Court Government Litigating Litigation 59