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Peter V. NantKwest, Inc.
''Peter v. NantKwest Inc.'', 589 U.S. ___ (2019), was a United States Supreme Court case from the October 2019 term. In a unanimous opinion, the Supreme Court ruled that the United States Patent and Trademark Office (USPTO) was not entitled to be reimbursed for attorney's fees from patent applicants who file appeals against USPTO decisions. The case reinforced the application of the American rule, a default principle in United States law which states that, in a lawsuit, each party is responsible for paying its own attorney's fees unless there is a legal or contractual requirement that says otherwise. This case attracted attention from many intellectual property and law associations, many of whom (including the American Bar Association) filed friend-of-the-court briefs arguing against the government's request for attorney's fees from the plaintiff. Case history In December 2001, a doctor named Hans Klingemann filed a patent application for a new method of treating cancer us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of that c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Board Of Patent Appeals And Interferences
The Board of Patent Appeals and Interferences (BPAI) was an administrative law body of the United States Patent and Trademark Office (USPTO) which decided issues of patentability. Under the America Invents Act, the BPAI was replaced with the Patent Trial and Appeal Board (PTAB), effective September 16, 2012. Structure The BPAI was primarily made up of an Appeals Division and a Trial Division. The Appeals Division, with over 100 Administrative Patent Judges, handled appeals of patent examiner rejections, with sections adjudicating different technology areas. The Trial Division, with 11 Administrative Patent Judges as of 2008, handled contested cases or interference proceedings. The BPAI was headed by a Chief Administrative Patent Judge with a Vice Chief. As of mid-2013, the Chief Administrative Patent Judge was James Donald Smith. Procedures An applicant could appeal the examiner's decision to the BPAI. The appeal procedure was described in chapter 1200 of the U.S. Manual of Pat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: *District of Maryland * Eastern District of North Carolina * Middle District of North Carolina *Western District of North Carolina *District of South Carolina * Eastern District of Virginia *Western District of Virginia * Northern District of West Virginia *Southern District of West Virginia The court is based at the Lewis F. Powell Jr. United States Courthouse in Richmond, Virginia. With 15 authorized judgeships, it is mid-sized among the 13 United States Courts of Appeals The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals f .... __TOC__ Current composition of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kara Farnandez Stoll
Kara Ann Farnandez Stoll (born November 1968) is a United States circuit judge of the United States Court of Appeals for the Federal Circuit. Biography Early life and education Stoll received a Bachelor of Science in Electrical Engineering degree, in 1991, from Michigan State University. She worked as a patent examiner at the United States Patent and Trademark Office from 1991 to 1997. She received a Juris Doctor in 1997, from Georgetown University Law Center. From 1997 to 1998, she served as a law clerk to Judge Alvin Anthony Schall of the United States Court of Appeals for the Federal Circuit. Legal career From 1998 to 2015, she worked at the law firm of Finnegan, Henderson, Farabow, Garrett & Dunner and was a partner at that firm. Her practice focused on patent litigation, primarily in the consumer electronics, computers, software and medical device industries. She represented clients at both the trial and appellate levels and served as lead counsel on a number of cases bef ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Timothy B
''Timothy B'' is the second studio solo album by Timothy B. Schmit, the bass guitarist and co-lead vocalist for the Eagles. The album was released in 1987 on MCA in the United States and Europe, three years after Schmit's debut solo album, ''Playin' It Cool'' and seven years after the demise of the Eagles. The album peaked at #106 on the ''Billboard'' 200 chart, and the single, " Boys Night Out", hit #25 on the ''Billboard'' Hot 100 chart, Schmit's best selling single. The album was produced by Richard Rudolph, and it was co-produced by Bruce Gaitsch. Background When Schmit was asked about why there were less notable musicians compared to his last album, he said "I decided to stay out of the real glamour studios and to keep the clientele down too. I did it on purpose mainly for less distractions. I mean I really knew what I wanted to do on this album and I decided purposely not to use my famous and semi-famous friends just to have it be more of what I can do on my own. And that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharon Prost
Sharon Prost (born May 24, 1951) is a United States circuit judge of the United States Court of Appeals for the Federal Circuit. Education Prost was born in Newburyport, Massachusetts. She received a Bachelor of Science degree from Cornell University in 1973, a Master of Business Administration from George Washington University in 1975, a Juris Doctor from American University Washington College of Law in 1979, and a Master of Laws from George Washington University Law School in 1984. Career Prior to her confirmation to the Federal Circuit, Prost had served as a lawyer at the Senate Judiciary Committee from 1993 to 2001, lastly as Chief Counsel. Although the Republicans were in the minority at the time of Prost's nomination, her eight years of service for the committee would have ensured that she was well known by all committee members. Before working for the Senate, she served as an attorney at the Federal Labor Relations Authority from 1980 to 1983, the United States Departme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pro Rata
''Pro rata'' is an adverb or adjective meaning in equal portions or in proportion. The term is used in many legal and economic contexts. The hyphenated spelling ''pro-rata'' for the adjective form is common, as recommended for adjectives by some English-language style guides. In American English this term has been vernacularized to ''prorated'' or ''pro-rated''. Meanings More specifically, ''pro rata'' means: * In proportionality to some factor that can be exactly calculated * To count based on an amount of time that has passed out of the total time * Proportional ratioInvestigator web site Accessed May 29, 2008. Pro rata has a |
Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discovery (law)
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. They strongly resembled modern requests for admissions, in that the def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Original Jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on other side or cases between different states. Original jurisdiction is related to cases directly brought to the Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the Constitution of India grants original jurisdiction to the Su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving criminal, bankruptcy, immigration, or U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges. The court occupies the Howard T. M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Act
Patent Act and Patents Act (with their variations) are stock short titles used in Canada, India, Malaysia, New Zealand, the United Kingdom and the United States for legislation relating to patents. A Patent Act is a country's legislation that controls the use of patents, such as the ''Patentgesetz'' in Germany. List Canada * '' Patent Act'' England * Statute of Monopolies 1623 (21 Jac 1 c 3) Germany * German Patents Act (german: Patentgesetz) India * The Patents Act, 1970 Malaysia * The[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
