Consistent with the Federal Court of Appeal's reluctance to review procedural actions of the Patent
Office during prosecution once a patent has successfully issued, more recent decisions on fees further support the court's somewhat benevolent attitude in working to avoid invalidating applications and issued patents for what may be considered «technical violations».
An issued patent would be subject to retroactive scrutiny by the courts in relation to the submissions made by an applicant to the Patent
Office during prosecution (generally many years prior), judged against unknown criteria.
The primary basis for this conclusion was the 2011 decision of the Federal Court of Appeal in Corlac Inc v Weatherford Canada Inc., 2011 FCA 228 which in the relevant portion focused on statements made by an applicant to the patent
office during prosecution.
Not exact matches
Imagine that members of the 8th National Assembly had announced
during the recent general election campaigns exactly how they were going to tear up section 308 of the 1999 Constitution (which protects the president, vice president, governors and their deputies against civil and criminal proceedings while they are in
office) to grant their leaders immunity from
prosecution for corruption and money laundering.
The
prosecution demonstrated through phone records and swipe - card data that Percoco was a regular visitor to the governor's midtown Manhattan
offices during this period.
From insisting on long probations requiring that animal abusers not be allowed to own or cohabitate with animals, to creating an Animal Cruelty
Prosecution program within the Los Angeles County District Attorney's
office, the attorneys honored
during 2009's National Justice for Animals Week have gone above and beyond to give real teeth to animal protection laws.
Such officers are immune from
prosecution for everything they do
during their time in
office.
During law school, Oberg worked as a briefing law clerk for the Attorney General
Office in the State of Nebraska, where he assisted in the
prosecution of criminal appeals, including death penalty cases.
Green took
office with three immediate objectives clearly in his sights: burying the mismanaged investigation into the Tchengzuiz brothers, getting Deferred
Prosecution Agreements in place as part of the SFO's armoury, and prosecuting the fixing of Libor rates by the banks before and
during the financial crisis.
During Law school, Nesko clerked at the Illinois Attorney General's
Office, at their Criminal Enforcement, Special
Prosecutions division; as in - house counsel's intern at Presence Health, and a number of Chicago based law firms.
Because of this constraint, the
Office has set forth rules for motions to amend that account for the absence of an independent examination by the
Office where a prior art search is performed as would be done
during prosecution, reexamination, or reissue.
Represented corporate officer
during all stages of criminal investigation and federal
prosecution by United States Attorney's
Office.
Examples of such cases are Chandler v Cape Plc [2011] EWHC 951 (QB)(liability of non-employer for exposure to asbestos), Kynixa Ltd v Hynes and others [2008] EWHC 1495 (QB)(claims arising from alleged breaches of restrictive covenants in employment contracts), Romantiek BVBA v Simms [2008] EWHC 3099 (QB) a claim alleging that a public official had committed the tort of misfeasance in public
office when discharging a licensing function, OOO and others v The Commissioner of Police for the Metropolis [20011] EWHC 1246 (QB)(claims by young foreign females that they had been trafficked into the UK by foreign nationals for the purpose of slavery and that officers of the Metropolitan Police Force breached their human rights in failing to investigate their complaints adequately or at all) and Mouncher and others v The Chief Constable of South Wales Police [2016] EWHC 1367 (QB)(claims by retired and serving police officers for false imprisonment, misfeasance in public
office and malicious
prosecution against South Wales Police arising from an investigation by officers of that force into alleged criminal conduct on the part of the claimants
during the course of an investigation into a notorious murder in South Wales.
At the same time, under current procedures, one must keep in mind the necessarily limited ability of the Canadian Patent
Office to comprehensively initially evaluate patent validity, and balance the public interest in not having to engage in expensive litigation or re-litigation of matters (such as construction) previously determined
during patent
prosecution.