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The United States Patent and Trademark Office (Office) is revising the patent term adjustment provisions of the rules of practice in patent cases to better reflect the period of appellate review. The patent term adjustment provisions of the American Inventors Protection Act of 1999 (AIPA) provide for patent term adjustment if, inter alia, the issuance of the patent was delayed due to appellate review by the Board of Patent Appeals and Interferences (Board) or by a Federal court, and the patent was issued under a decision in the review reversing an adverse determination of patentability. The Office is specifically revising the rules of practice to indicate that the period of appellate review under the patent term adjustment provisions of the AIPA begins when jurisdiction over the applica...
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Appellate Division, Fourth Department Corporations
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Federal trial courts frequently misuse willful-blindness jury instructions. This note argues for the federal appellate courts to implement a consistent set of standards that would curb this misuse and help bring clarity to the willful-blindness doctrine.
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[...] we publish anything that has to do with litigation - whether its practical pieces that have to do with procedural law or substantive law pieces or even completely theoretical law pieces. Since 1980, The Review has become the second most cited student run specialty publication in the country. Dean Lawrence Sager, The University of Texas School of Law: 'Morning everybody.
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The United States Patent and Trademark Office (Office) is proposing to revise the patent term adjustment provisions of the rules of practice in patent cases. The patent term adjustment provisions of the American Inventors Protection Act of 1999 (AIPA) provide for patent term adjustment if, inter alia, the issuance of the patent was delayed due to appellate review by the Board of Patent Appeals and Interferences (BPAI) or by a Federal court and the patent was issued under a decision in the review reversing an adverse determination of patentability. The Office is proposing to change the rules of practice to indicate that the period of appellate review under the patent term adjustment provisions of the AIPA begins when jurisdiction over the application passes to the BPAI rather than the da...
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The courthouse doors are closed to an alleged victim of childhood lead-paint poisoning who failed to notify the Housing Authority of Baltimore City within 180 days after being diagnosed with an elevated blood lead level, a Maryland appeals court has held. In its 3-0 decision, the Court of Special Appeals upheld Baltimore City Circuit Judge Evelyn O. Cannon's dismissal of Kevin Antoine Mitchell's $2 million claim that his exposure to lead paint while living in an HABC property caused brain damage. Mitchell did not notify the agency until nearly 19 years after the diagnosis, well beyond the 180-day requirement under the Local Government Tort Claims Act, the intermediate appellate court said.
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APPELLATE DIVISION, FOURTH DEPARTMENTCustody Modification Communication ProblemsAvola v. HorningCAF 12-01211Appealed from Family Court, Jefferson CountyBackground: Both the petitioner mother and the attorney for the child appealed from an order dismissing the mother's petition seeking to modify a prior joint custody order entered upon the parties' stipulation.Ruling: The Appellate Division affirmed. The court held that the parties' continued communication problem was not a sufficient basis to constitute a change in circumstances. More importantly, the communication problem was not significantly affecting or meaningfully interfering with the child's emotional and intellectual development, health, or success in school.Lisa A. Proven of Proven and Quencer for the petitioner- appellant; Mai...
