Patently O

NOVEMBER 29, 2023

Vidal , No 23-135 This case involves a challenge to a PTO rule, known as the “ Fintiv rule,” that sets restrictive standards governing when the Patent Trial and Appeal Board (PTAB) will deny institution of inter partes review (IPR) proceedings.

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At the Lectern

AUGUST 11, 2022

When it requested an answer to the petition for review, the Supreme Court said, “In particular, be sure to address petitioner’s contention the Court of Appeal erred in summarily denying habeas relief because it misapplied the standard for establishing a prima facie case for relief” and it cited People v. Romero (1994) 8 Cal.4th

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LexForti

JUNE 10, 2021

In India the law governing Trademark facilitates passing off action against similar/identical products is same for Trade Dress. Case Analysis. ” Thus, there is no prima facie case for said application and dismissed the suit. Therefore, it anchors to being incorporated into a well-recognized concept by law.

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Conflict of Laws

OCTOBER 1, 2024

The ADA included an Arbitration clause with New Delhi as the venue of arbitration and the Arbitration and Conciliation Act, 1996 declared as the governing law. A logical corollary to the court’s emphasis on contractual supremacy and protection of the exclusive jurisdiction clause is also the respect for parties choice of governing law.

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SCOTUSBlog

JUNE 20, 2023

” Responding to the government’s argument for a more holistic interpretation of the statute, Jackson wrote, “Congress could certainly have designed the penalty scheme at issue here differently. “[I]n some cases, the maximum sentence would be lower than the minimum sentence,” she wrote.

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At the Lectern

OCTOBER 14, 2022

Burgos and limited briefing to: “Does the provision of Penal Code section 1109 governing the bifurcation at trial of gang enhancements from the substantive offense or offenses apply retroactively to cases that are not yet final?” ” Gang enhancements. The court unheld People v. 29; see also Cal. c)(1); People v.

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At the Lectern

DECEMBER 12, 2024

The order granting the reconsideration petition was made more than 60 days after the petition’s filing, and the then-governing statute provided a petition “is deemed to have been denied. unless it is acted upon within 60 days from the date of filing. ” (Link added.)

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Day on Torts

NOVEMBER 30, 2020

In cases involving the injury of a subcontractor employee, Tennessee courts “have looked to, among other things, the contracts governing the relationships between the landowners, prime contractors, and subcontractors to examine the scope of the parties’ respective duties.” internal citation and quotation omitted).

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JonathanTurley

FEBRUARY 26, 2023

Dickson and Right to Life East Texas moved to dismiss both suits under the Texas Citizens Participation Act, which states that a court “shall dismiss” a legal action based on the defendant’s exercise of the right to free speech, unless “clear and specific evidence” establishes “a prima facie case for each essential element of the claim in question.”

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Above The Law

JANUARY 24, 2025

Decision The court concluded that Lewis failed to make a prima facie case for discrimination because her comparators were not “similarly situated in all material respects.” This aligns with a judicial preference for limiting the scope of civil rights suits against government officials. suing Snap Inc.

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