Patently O

MARCH 2, 2021

Rain and Samsung agree that this case comes down to claim construction. And, as typical, the patentee is attempting to thread the needle with a construction that is broad enough to be infringed, but narrow and specific enough to avoid invalidation. This rendered the separate non-infringement related claim construction moot.

Construction 97

Construction Statute Court 97

JURIST

JUNE 8, 2022

The Ninth Circuit concluded that Vasquez-Borjas’ interpretation of the statute was unsupported and “accept[ed] California’s construction of its own law and conclude[d] that intent to defraud is a necessary element of all convictions under Section 472.”

Construction 197

Construction Immigration Statute Government 197

JURIST

MAY 17, 2024

The state must mandatorily comply with the procedure that has been provided under the statute for an acquisition to be valid under Article 300A. The court ruled in favour of the petitioner, instructing the corporation to investigate the encroachments and prohibiting any further construction on the property.

Court 211

Court Construction Court Rules Statute 211

SCOTUSBlog

APRIL 17, 2025

She observes that the exemptions for reasonably priced transactions are set forth in a different part of the statute and so do not impose additional pleading requirements to set out a claim.

Litigating 84

Litigating Litigation Statute Construction 84

Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. In Affordable Construction Services, Inc. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute.

Statute 59

Statute Construction Misdemeanor Cause of Action 59

FDA Law Blog

MARCH 18, 2025

the Court looked at the term the patent in the PTE statute at 35 U.S.C. 156 should be read in light of the rest of the statute, and that the patent in subsection 156(c) must refer to the original patent rather than the reissued patent. On March 13, 2025, the Federal Circuit ventured into the world of reissued patents and PTE. (

Statute 59

Statute Construction Court 59

JURIST

JANUARY 25, 2024

Although the ICJ’s decision is final and binding on Malaysia, the Malaysian government applied for revision of the judgment in 2017 based on the discovery of new facts, pursuant to Article 61 of the Statute of the International Court of Justice. However, the then Prime Minister Mahathir Mohamad dropped the application in 2018.

Government 192

Government Construction Statute Court 192

SCOTUSBlog

FEBRUARY 28, 2023

United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Share In many ways, Monday’s oral argument in Dubin v.

Statute 98

Statute Construction Felony Law School 98

Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.

Statute 59

Statute Tort Construction Court 59

Patently O

JULY 19, 2022

The appellate decision altered claim construction and told the PTAB to try its analysis again with the new construction. Not Literally Disclosed : On remand, the patent challenger TCT successfully shifted its argument based upon the Federal Circuit’s new claim construction. I call this the not-literally-disclosed ground.

Construction 56

Construction Statute Court 56

SAV Paralegal Services

JUNE 14, 2021

It is a well-known fact that there are two different sources of employment law: common law and statutes. While lay-off under Employment Standards Act, in general, is allowed, under the common law the same lay-off is treated as a breach of the employment contract and a constructive dismissal. Ocular Health Centre Ltd.,

Construction 52

Construction Paralegal Services Laws Paralegal 52

SCOTUSBlog

APRIL 14, 2023

The 9th Circuit emphasized that the BIA’s interpretation of the statute “raises grave doubts about whether INA is unconstitutionally vague.” They urge the justices to stop there to avoid “a maximally severe approach” to interpreting a statute with criminal and removal consequences.

Immigration 115

Immigration Statute Felony Court 115

Day on Torts

FEBRUARY 17, 2022

Where premises liability plaintiffs could not show that defendant church, who was renting the property to another church, had constructive notice of a downed power line on the property that had most likely been down for approximately 26 hours, summary judgment was affirmed. In Kelly v. internal citation omitted). internal citation omitted).

Construction 59

Construction Tort Statute Court 59

Patently O

MAY 5, 2022

In particular, the statute required the inventor to provide “a written description of [the] invention, in such full, clear, and exact terms, as to enable any person skilled in the art or science to which it appertains, to make and construct the same.” The Patent Act of 1836 included the language now found in 35 U.S.C.

Statute 93

Statute Construction 93

Mondaq

DECEMBER 8, 2021

3)(c) by eliminating the current statute of repose for latent claims. A new bill has recently been submitted to the Florida Senate (SB 2022-736) that proposes to amend Fla.

Statute 40

Statute Construction 40

JURIST

SEPTEMBER 21, 2022

Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. Human rights experts across the world have accused Russia of genocide during its invasion of Ukraine.

Statute 104

Statute Contract Construction Court 104

SCOTUSBlog

JANUARY 15, 2022

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 111

Statute Construction Court Drafting 111

Patently O

MAY 1, 2025

by Dennis Crouch In a case highlighting the ongoing challenge of claim construction in software patents, the Federal Circuit has affirmed the district court’s determination that Fintiv’s asserted claims are invalid as indefinite. The Statutes at Issues: 35 U.S.C. Fintiv, Inc. PayPal Holdings, Inc. , 2023-2312 (Fed.

Construction 40

Construction Statute Court 40

SCOTUSBlog

OCTOBER 3, 2022

Arellano appealed, requesting that the timetable in the controlling statute, 38 U.S.C. Court of Appeals for the Federal Circuit, sitting en banc, unanimously found that equitable tolling is not available to Arellano, but was split on whether the statute could be equitably tolled. In Irwin v.

Statute 109

Statute Government Diligence Court 109

Day on Torts

OCTOBER 11, 2022

Where plaintiff tripped on an uneven sidewalk and brought a GTLA premises liability suit against defendant city, plaintiff could not show constructive notice because she could not show how long the condition had existed. The statute at the core of the appeal was Tenn. In Mitchell v. City of Franklin, Tennessee , No. Code Ann. §

Construction 52

Construction Tort Statute Court 52

SCOTUSBlog

DECEMBER 7, 2021

First, the applicant must meet precise eligibility requirements under the statute. That statute is known as the jurisdictional bar. Meehan responded that once the court applies all the possible canons of statutory construction, it should conclude that the statute “must mean the overall denial of relief.” a green card).

Immigration 141

Immigration Court Statute Government 141

SCOTUSBlog

NOVEMBER 29, 2021

Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. First, under step one, if the court determines Congress’ intent is clear and unambiguous in the statute, the court will interpret the statute according to its terms, without deferring to the agency.

Statute 104

Statute Construction Court Administrative Law 104

JURIST

SEPTEMBER 28, 2021

The ICC prosecutor’s office did defer the investigation, as required by the Rome Statute , but continued to work closely with Afghan authorities with a view of “sharing the burden of the investigation.” Islamic State – Khorasan Province claimed responsibility for the attack shortly thereafter.

Statute 104

Statute Construction Government Legal 104

At the Lectern

NOVEMBER 10, 2023

So, it’s an appropriate time to remember that Justice Goodwin Liu issued a 2021 separate statement exposing a gap in a veteran-specific sentencing statute and that the Legislature responded with corrective legislation. The following year, the Legislature accepted the constructive judicial criticism. Valliant (2020) 55 Cal.App.5th

Statute 45

Statute Construction Court 45

Patently O

OCTOBER 23, 2023

Although a “means for holding hot coffee” appears potentially broader than claiming a “ceramic mug,” the statute itself places key limits on the scope of these so-called “means plus function” claims. 35 U.S.C. §

Construction 72

Construction Technology Court Drafting 72

JayS.Rothman&Associates

MARCH 31, 2023

Constructive Discharge in Violation of Public Policy A constructive discharge claim in California refers to a situation where an employer’s misconduct effectively forces an employee to resign. There are several elements that an employee must prove in order to succeed in a constructive discharge claim.

Construction 40

Construction Laws Attorney Legal 40

Broadcast Law Blog

APRIL 3, 2022

As federal licensees, because of the federal criminal statute, broadcasters have been advised to avoid marijuana advertising, even as the states in which they operate have relaxed their marijuana laws. Then the President would have to sign the bill. The permittee faces a $6,500 fine for these violations.

Construction 108

Construction Felony Statute Technology 108

JURIST

JULY 4, 2024

” Patil emphasized the need for clarity in these legal constructs to prevent potential misuse and uphold constitutional protections. Moreover, criticisms have been raised over ambiguities in definitions and unilateral powers conferred by the new laws, such as the vague delineation of “organized crime.”

Criminal Law 104

Criminal Law Laws Construction Statute 104

SCOTUSBlog

JANUARY 23, 2023

The problem for Arellano was that a federal statute, 38 U.S.C. Court of Appeals for the Federal Circuit found that equitable tolling was not available to Arellano, but was split on whether the Section 5110(b)(1) was a statute of limitations, which presumes the availability of equitable tolling. The court also looked to United States v.

Court 115

Court Statute Construction Law School 115

SCOTUSBlog

NOVEMBER 4, 2022

Issues : (1) Whether courts can defer to the construction of a statute by the Department of Veterans Affairs without first considering whether the statute permits a pro-veteran construction pursuant to the pro-veteran canon; and (2) whether Chevron U.S.A.

Construction 85

Construction Court Immigration Statute 85

JURIST

MARCH 26, 2024

In a US Court of Appeals for the Ninth Circuit decision , the court found that third-party reimbursements could not be excluded under its statute. The statutory language that the IHS attributes is for direct costs and not necessarily for indirect costs, for example, building construction, as opposed to medical ambulatory services.

Contract 118

Contract Healthcare Court Construction 118

SCOTUSBlog

DECEMBER 1, 2021

And while oral argument mainly involved a technical discussion about statutory meaning, several of the conservative justices toyed with the possibility of abandoning Chevron deference — the principle that the courts will defer to an agency’s reasonable interpretation of the statute that it administers.

Statute 111

Statute Construction Court Government 111

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

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 Litigating Litigation Statute 80

SCOTUSBlog

DECEMBER 10, 2020

At argument, the justices principally appeared frustrated by the statute, if for different reasons. He argued that usual rules of grammar and statutory construction require the phrase “using a random or sequential number generator” to apply to both verbs, “store” and “produce.”

Technology 104

Technology Statute Court Government 104

Day on Torts

FEBRUARY 16, 2022

The sidewalk was located in a neighborhood constructed by defendant Goodall Homes. Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. Code Ann. § This opinion was released 1.5 months after the case was assigned on briefs.

Tort 59

Tort Construction Statute Court 59

ClimateChange-ClimateLaw

APRIL 10, 2025

Federal Laws There are three key federal statutes the Marine Protection, Research, and Sanctuaries Act (MPRSA), the Clean Water Act, and the Rivers and Harbors Act (RHA) which are likely to apply to seaweed CDR projects in addition to state law. ACE is authorized to regulate seaweed cultivation and sinking under the CWA and the RHA.

Construction 59

Construction Statute Laws Government 59