Day on Torts

OCTOBER 3, 2022

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn.

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Patently O

MAY 6, 2022

” How to establish a prima facie case. The Office is working through a multi-part course on how it examines 35 U.S.C. § 103 and the next 2-hour course is called Obviousness Part 2: “Writing Rejections.” Rationale for combining prior art. Communicating a rejection.

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Patently O

MARCH 29, 2021

On appeal, though, the Federal Circuit found that the USPTO had presented a prima facie case by noting that the invention: “violates the first law of thermodynamics,” is “contrary to traditional understanding of chemistry,” and “violates the classical laws of physics” including conservation of mass.

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Day on Torts

JUNE 30, 2021

When defendant filed a petition to dismiss a defamation case under the Tennessee Public Participation Act (TPPA), and plaintiff failed to respond by “establish[ing] a prima facie case for each essential element of the claim in the legal action,” dismissal was affirmed.

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At the Lectern

JULY 1, 2021

The superior court ruled the defendant had not made even a prima facie case of discrimination and thus did not require the prosecutor to justify his challenge. was ‘ “racially motivated.”

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At the Lectern

MARCH 28, 2024

A concurring justice asserted that “statistical evidence can be sufficient on its own to make a prima facie case.” The defendant claimed in his writ petition that the prosecution violated the RJA by seeking the death penalty against him. ” Arbitration unconscionability. The court also declined to hear Haydon v.

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Day on Torts

NOVEMBER 15, 2022

Second, if the court determines that the petitioning party has met such requirements of the statute, the court shall dismiss the legal action unless the responding party establishes a prima facie case for each essential element of the claim in the legal action or if the petitioning party establishes a valid defense to the claims in the legal action.”

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NewmanFerraraLLP

MARCH 15, 2023

While a rear-end collision usually triggers “’a prima facie case of negligence on the part of the driver of the rear vehicle,’” the latter can come forward with a “non-negligent explanation for the collision” and thus rebut (or challenge) that presumption.

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At the Lectern

DECEMBER 19, 2024

” The court last week agreed to hear Montgomery (see here ), with the issue as summarized by court staff (see here ), Must a petitioner allege a prima facie case for relief under the Racial Justice Act (Pen.

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At the Lectern

SEPTEMBER 20, 2021

5th 952, 961-970, regarding petitioners’ right to counsel and the standard for determining the existence of a prima facie case” and that it “[a]ddresses what evidence a court may consider at a resentencing hearing (clarifying the discussion in People v. Lewis (2021) 11 Cal.5th Lewis , supra , at pp.

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Patently O

JUNE 1, 2021

52(c) judgment against the PTO – finding that it had failed to present a prima facie case of prosecution laches. Although Hyatt was not easy to work with, substantial aspects of the blame-for-delay rest with the PTO. In particular here, the Judge entered a R.52(c)

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At the Lectern

JUNE 29, 2023

Resentencing prima facie case. Reyes , one of many cases concerning possible resentencing under Senate Bill 1437 (more about today’s Reyes decision later [ update : here ]), the court agreed to take on yet another SB 1437 case, People v. Those actions included: Supreme Court will hear Prop. 22 challenge.

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Day on Torts

JANUARY 11, 2022

Defendant filed a motion to dismiss, asserting that the BPR decisions on the matter “were res judicata and Plaintiff had failed to establish a prima facie case of legal malpractice.” Plaintiff had previously reported defendant to the BPR based on the same allegations in November 2018.

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Patently O

MARCH 31, 2024

This evidence “called for an instruction, if properly requested, on the objective indicia to which the evidence pertains, so that the jury could assess its weight as objective indicia and—where the jury was asked for the bottom-line answer on obviousness—in relation to the prima facie case.”

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Patently O

JUNE 15, 2023

Reciting the mechanism for known compounds to yield a known result cannot overcome a prima facie case of obviousness, even if the nature of that mechanism is unexpected.

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At the Lectern

AUGUST 25, 2022

It said “the issue is close,” but concluded the defendant didn’t make a prima facie case of discrimination that would have required the prosecutor to justify the challenges.

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Patently O

FEBRUARY 25, 2021

The CFC agreed with Bitmanagement that it “had established a prima facie case of copyright infringement.” Section 1498(b). ” But, the lower court went on to excuse the Navy’s actions–finding an implied license to make/distribute copies. Bitmanagement Software GmbH v.

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At the Lectern

JUNE 19, 2024

In that case, cause is now to be shown: “why (1) the petition does not satisfy the statutory requirements for the appointment of counsel and the disclosure of discovery and (2) the petition does not state a prima facie case for relief under the Racial Justice Act. Code, §§ 745, subd. (d), d), 1473, subd. (e)

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SCOTUSBlog

JUNE 20, 2023

In other words, it remains to be seen what evidence will be necessary to make out a prima facie case of Lora error. The post Court strikes a blow for sentencing discretion under provision in federal firearm statute appeared first on SCOTUSblog.

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At the Lectern

JUNE 17, 2024

The trial court found a prima facie case of discrimination, but ruled the prosecution’s stated reasons for the strikes were “genuine and facially neutral.” The prosecution used peremptory challenges to excuse five Black women from the jury.

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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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Patently O

NOVEMBER 29, 2023

Specifically, the Board found MacNeil was entitled to a presumption that its evidence of commercial success, long-felt need, and industry praise related to its WeatherTech® product reflective of the inventiveness of the claims of the ’186 Patent.

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Patently O

DECEMBER 4, 2023

The court found that Dorel had established a prima facie case that Cozy’s founder, Dr. Arjuna Rajasingham, “manipulated the PTO into recognizing priority dates to which he was not entitled” and “relied on the advice of his counsel to perpetrate a fraud on the PTO.”

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LexForti

JULY 17, 2021

In the recent case of Avantha holdings Limited v. Vistra ITCL India Limited , there were some extra pre-requisites given by the court for providing interim relief under Section 9.

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Patently O

APRIL 22, 2021

Samsung decision in 2016 and the never-ending debate over whether secondary considerations are best treated as rebuttal evidence to a prima facie case of obviousness based on the prior art, or whether all obviousness evidence should be analyzed holistically and at once.

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Day on Torts

NOVEMBER 30, 2020

The question of whether Plaintiffs have demonstrated a minimum threshold of foreseeability, and thereby established a prima facie case of specific foreseeability, is inextricably intertwined with questions of what Focus Design knew or reasonably should have known, and when. internal citations and quotations omitted).

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At the Lectern

MAY 19, 2022

” The dissent asserted the defendant had made a prima facie case of, and was thus entitled to a hearing on, racial discrimination in charging Black defendants with felony-murder special circumstance penalty enhancements in Orange County.

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LexForti

JUNE 10, 2021

” Thus, there is no prima facie case for said application and dismissed the suit. The Bombay High Court held that “a product feature with only decorative and aesthetic with no source-identifiable could not be given exclusive rights under the concept of Trade Dress.” Judicial Interpretations.

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At the Lectern

DECEMBER 12, 2024

In another case involving the Racial Justice Act (see Montgomery above and Avalos below), the court issued an order to show cause, returnable in the superior court, in In re Naddi , a pro per’s habeas corpus petition. ” (Link added.)

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Patently O

DECEMBER 13, 2023

The court reiterated that when unexpected results are used to rebut a prima facie case of obviousness, those results must be shown to be unexpected compared to the closest prior art (here, Pasteur’s 2014 patent). In re Baxter Travenol Labs. , 2d 388, 392 (Fed.

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At the Lectern

OCTOBER 14, 2022

The order requires the Fourth District, Division One, to determine whether relief should be granted “on the ground the trial court and court of appeal misapplied the standard for establishing a prima facie case for relief (Petn. 29; see also Cal. Rules of Court, rule 4.551, subd. (c)(1); c)(1); People v.

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Conflict of Laws

OCTOBER 1, 2024

9 of ACA, all the court has to see is whether the applicant for interim measure has a good prima facie case, whether the balance of convenience is in favour of interim relief as prayed for being granted and whether the applicant has approached the court with reasonable expedition.

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Conflict of Laws

JANUARY 15, 2023

Leave to serve turned on three conditions: the court had subject matter jurisdiction, the claim was of a kind mentioned in the rules, and the party had a prima facie case for any or all of the relief claimed: FCR r 10.43(4).

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Patently O

APRIL 1, 2024

[Two aside notes: (1) A patentee’s own surprise has regularly been used as evidence in these cases, this may need to be further considered; (2) the court looked at unexpected results in its analysis of secondary considerations.

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Conflict of Laws

JUNE 11, 2023

Yin’s evidence raised a prima facie case that he had been denied natural justice in the Chinese proceedings: [91]. In these circumstances, ‘the associate justice and the judge erred in placing the onus on Yin to establish that there was no valid service on him by alternative means permitted by Chinese law’: [84].

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JonathanTurley

JULY 1, 2021

It did not deny the obvious bias shown in its investigation.

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At the Lectern

NOVEMBER 27, 2024

In addition, petitioner fails to demonstrate a prima facie case warranting habeas relief.” Division Four had summarily denied the habeas corpus petition stating, “The petition is untimely and petitioner has failed to establish justification for the substantial delay. ( In re Robbins (1998) 18 Cal.4th

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