Sentences with phrase «at issue in the proceeding»

In its institution decision, the PTAB may narrow issues, provide initial claim constructions and provide details regarding the grounds of unpatentability that will be at issue in the proceeding.

Not exact matches

At July 22, 2012, the company had more than US$ 500 million in cash and US$ 913 million available under its operating credit facilities, augmented by US$ 305 million of proceeds from its recent equity issue.

In May 2007, the registrant issued and sold an aggregate of 18,440,449 shares of the registrant's Series D preferred stock to a total of 29 accredited investors at $ 2.4403 per share, for aggregate proceeds of $ 45,000,227.

In May 2006 and June 2006, the registrant issued and sold an aggregate of 35,242,290 shares of the registrant's Series C preferred stock to a total of 32 accredited investors at $ 1.135 per share, for aggregate proceeds of $ 39,999,999.

Now, if a company takes its IPO proceeds and invests them in cash and marketable securities, then as long as it doesn't generate net losses or other liabilities, the company must be worth at least the value of those assets, regardless of how much money was raised by issuing stock.

Tesla has issued secondary equity on several occasions, the last being for $ 1.7 bln in proceeds ($ 1.4 bln + Greenshoe exercise) at $ 215 in May 2016.

It is unliveable at the level of society: hence, in Britain we have a government that lauds the freedom of the individual (and it should be noted in passing, but noted very well, that our present generation of politicians rarely talk of the «human person» or just of the «person», but usually of the «individual») but which has brought in some of the most draconian legislation in Europe designed to control what people say and do on certain issues so that society can proceed in its life as a unity and not just as a mere collection of individuals.

Without trying to clarify this difference, we will proceed at once to show that the tension between concrete event as unique and a decisive bearer of meaning and the infinity in which the definite is overwhelmed is very much an issue today.

As my explication of and commentary on the text of the Enquiry proceeds, it should become clear that the picture suggested later by The Concept of Nature, a picture that represents Whitehead as dogmatically claiming that»... there is but one nature, namely the nature that is before us in perceptual knowledge» (CN 40), is, however justified by contextual evidence, a distortion by way of an oversimplification of the deliverances of a mind greatly occupied with issues at once subtle and complex.

In addition, Bharara said a judge has issued warrants allowing authorities to seize $ 3.8 million in alleged fraud proceeds that he said Silver had dispersed among eight different bank accounts at six different bankIn addition, Bharara said a judge has issued warrants allowing authorities to seize $ 3.8 million in alleged fraud proceeds that he said Silver had dispersed among eight different bank accounts at six different bankin alleged fraud proceeds that he said Silver had dispersed among eight different bank accounts at six different banks.

The first interference proceeding was initiated by Geron Corporation (original owner of the Asterias stem cell patents at issue) in late 2009, and a subsequent interference proceeding was declared by the USPTO in late 2011 in view of a Geron application and the same ViaCyte patent.

PR NEWSWIRE - June 6 - First Quarter 2011 Highlights - Income from operations increased 52 % YOY to $ 19.7 M - Adjusted EBITDA increased 33 % YOY to $ 27.2 M - Net loss decreased from $ 0.60 per share in 2010 to $ 0.27 per share in 2011 - Raised $ 50M in gross proceeds from IPO Q1 2011 Revenue was $ 83.5 M, gross profit was $ 56.8 M. On May 11, 2011, FriendFinder completed its IPO, and issued 5M shares of common stock at a price of $ 10.00 per share.

All those issues are critical to us, in looking at how we should proceed.»

At issue is the current practice of many current apps (like Kindle for iPhone) that take users to Safari to purchase e-books over the Internet, bypassing Apple's app store and its 30 % cut of all app and in - app purchase proceeds.

(1) Before executing a contract or agreement with or receiving money or other valuable consideration from a buyer, a credit services organization shall provide the buyer with a written statement containing: (a) A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total cost of the services; (b) A statement explaining the buyer's right to proceed against the surety bond or surety account required by section 45 - 805; (c) The name and address of the surety company that issued the bond or the name and address of the depository and the trustee and the account number of the surety account; (d) A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer reporting agency as provided by the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.; (e) A statement that the buyer's file is available for review at no charge on request made to the consumer reporting agency within thirty days after the date of receipt of notice that credit has been denied and that the buyer's file is available for a minimal charge at any other time; (f) A complete and accurate statement of the buyer's right to dispute directly with the consumer reporting agency the completeness or accuracy of any item contained in a file on the buyer maintained by the consumer reporting agency; (g) A statement that accurate information can not be permanently removed from the files of a consumer reporting agency; (h) A complete and accurate statement of when consumer information becomes obsolete and of when consumer reporting agencies are prevented from issuing reports containing obsolete information; and (i) A complete and accurate statement of the availability of nonprofit credit counseling services.

If issued at twice book value the $ proceeds need only be invested at half the ROE of the pre-existing assets in order for the EPS to remain the same.

As if to add insult to injury, at the time of the dividend elimination the offering proceeds were concurrently used to prepay debt in excess of the Company's required covenant (ironically to the level at which DHT would be permitted to issue further dividends), and without receiving any concessions from its lender.

I commented about the current cashflow issues of a lot of the farming companies, but I'm sure I'll be investing again in some of them — meanwhile, I get to bail out of Black Earth by making a 1 minute call to my broker, and the proceeds now allow me to contemplate a listed timber company investment instead at a huge discount...

If, however, you (except Employer Sponsored Retirement Plans) paid a CDSC when you sold Class C shares held at the time of sale in a Franklin Templeton fund account without an investment representative (financial advisor) appointed by you and invest the proceeds from that sale in Class A shares within 90 days of the sale, you will not receive a credit for the CDSC and new Class A shares issued with your reinvestment WILL NOT BE subject to any otherwise applicable CDSC.

The two securities to look at are CDCO.OB (the new common stock of Comdisco that was issued to the old bondholders) and CDCOR.OB (The old equity interest in Comdisco which share in proceeds of the liquidation of Comdisco after a certain $ $ amount has been paid to the holders of CDCO.....

In March 2014, at the conclusion of an elaborate proceeding during which Blue Buffalo had the chance to defend itself, the NAD issued a detailed ruling concluding that Bishop's company «has not provided any evidence that «big name» pet food manufacturers... are actively concealing the truth about the ingredients in their products.&raquIn March 2014, at the conclusion of an elaborate proceeding during which Blue Buffalo had the chance to defend itself, the NAD issued a detailed ruling concluding that Bishop's company «has not provided any evidence that «big name» pet food manufacturers... are actively concealing the truth about the ingredients in their products.&raquin their products.»

If there were no policy issues at stake, if the modest and dubious results of the paper weren't being egregiously overvalued and misrepresented, the scientific community could proceed in the ordinary dignified fashion of ignoring nonsense

It's no guarantee that the junction is going to cause an issue in terms of additional heat loss or mould growth risk, but it's certainly something that absolutely needs to be looked at before proceeding any further.

I'll be sending off dispatches as the event proceeds as well — there's plenty of cool non-conference stuff around too; I test drove the plug - in electric Prius yesterday — but if you're following along at home with an interest in sustainability and green issues, these struck me as the standout talks to keep an eye out for (here's Poptech's standard non-green guide to watching the conference as well):

Had it hired an external investigator to examine the issues relevant to the re-hiring decision and then proceeded to maintain his hiring, it at least could have argued it acted in good faith and avoided the additional damage award.

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

However, the proposition that the damages sought in the Canadian proceeding must relate directly to the commercial activity at issue raises a troublesome question: can the commercial activity exception properly apply to the enforcement of foreign judgments and arbitral awards?

At present, the bulk of public services seem to me to be delivered at one of three points in people's involvement with the law: general public legal information delivered through seminars, workshops and pamphlets to people who are idly grazing for legal information or helping a friend; narrowly - focused legal information, advice and representation delivered to individuals at the moment of crisis, often following separation, a threat to take the children or service of process; or, detailed, concrete legal information and advice delivered to individuals who are well engaged in a proceeding, usually unrepresented by counsel, and are seeking details about specific issues, such as making or replying to an application, demanding or making disclosure or preparing for triaAt present, the bulk of public services seem to me to be delivered at one of three points in people's involvement with the law: general public legal information delivered through seminars, workshops and pamphlets to people who are idly grazing for legal information or helping a friend; narrowly - focused legal information, advice and representation delivered to individuals at the moment of crisis, often following separation, a threat to take the children or service of process; or, detailed, concrete legal information and advice delivered to individuals who are well engaged in a proceeding, usually unrepresented by counsel, and are seeking details about specific issues, such as making or replying to an application, demanding or making disclosure or preparing for triaat one of three points in people's involvement with the law: general public legal information delivered through seminars, workshops and pamphlets to people who are idly grazing for legal information or helping a friend; narrowly - focused legal information, advice and representation delivered to individuals at the moment of crisis, often following separation, a threat to take the children or service of process; or, detailed, concrete legal information and advice delivered to individuals who are well engaged in a proceeding, usually unrepresented by counsel, and are seeking details about specific issues, such as making or replying to an application, demanding or making disclosure or preparing for triaat the moment of crisis, often following separation, a threat to take the children or service of process; or, detailed, concrete legal information and advice delivered to individuals who are well engaged in a proceeding, usually unrepresented by counsel, and are seeking details about specific issues, such as making or replying to an application, demanding or making disclosure or preparing for trial.

Is STARE DECISIS (precedent) still part of the law in Ontario?The herein issue was dealt with in 2001, by the SCC, in a finding that the Charter does not apply to PRIVATE entities (TWU) and the Charter remains unchanged!The LSUC and lower Courts are bound by this precedent!Furthermore, the LSUC should not have proceeded herein, without specific authorization from a general Referendum and, at least for the sake of appearances, ON THIS ISSUE, the Bench, should have all been from out of Province, having absolutely no connection to the LSUC, as former Members, Benchers, issue was dealt with in 2001, by the SCC, in a finding that the Charter does not apply to PRIVATE entities (TWU) and the Charter remains unchanged!The LSUC and lower Courts are bound by this precedent!Furthermore, the LSUC should not have proceeded herein, without specific authorization from a general Referendum and, at least for the sake of appearances, ON THIS ISSUE, the Bench, should have all been from out of Province, having absolutely no connection to the LSUC, as former Members, Benchers, ISSUE, the Bench, should have all been from out of Province, having absolutely no connection to the LSUC, as former Members, Benchers, etc..

However, the court refused to see the mother's actions as forum shopping, since the French divorce proceeding had been dismissed for want of prosecution and the mother had been living in Chicago for more than a year prior to filing the state court action at issue.

About 200 former staff of KWM's collapsed European arm have been informed by their solicitors, Herrington Carmichael, that their claim — which was brought in February — has been prevented from proceeding by IT issues at the Employment Tribunal Service.

The relevant portions of the transcript, available here at David Lat's Above the Law, show that the judge didn't say anything other than «proceed counsel» at the hearing, but subsequently, issued a Show Cause order asking Smith to demonstrate why his pro hac vice status shouldn't be revoked in light of his remarks.

Principle 2: In any proceeding, the parties should ensure that steps taken in the discovery process are proportionate, taking into account (i) the nature and scope of the litigation, including the importance and complexity of the issues, interest and amounts at stake; (ii) the relevance of the available electronically stored information; (iii) its importance to the court's adjudication in a given case; and (iv) the costs, burden and delay that may be imposed on the parties to deal with electronically stored informatioIn any proceeding, the parties should ensure that steps taken in the discovery process are proportionate, taking into account (i) the nature and scope of the litigation, including the importance and complexity of the issues, interest and amounts at stake; (ii) the relevance of the available electronically stored information; (iii) its importance to the court's adjudication in a given case; and (iv) the costs, burden and delay that may be imposed on the parties to deal with electronically stored informatioin the discovery process are proportionate, taking into account (i) the nature and scope of the litigation, including the importance and complexity of the issues, interest and amounts at stake; (ii) the relevance of the available electronically stored information; (iii) its importance to the court's adjudication in a given case; and (iv) the costs, burden and delay that may be imposed on the parties to deal with electronically stored informatioin a given case; and (iv) the costs, burden and delay that may be imposed on the parties to deal with electronically stored information.

(3) If a court, prior to April 11, 1991, issued an order granting parenting time rights to a parent who is not the residential parent and did not require the residential parent in that order to give the parent who is granted the parenting time rights notice of any change of address and if the residential parent files a notice of relocation pursuant to division (G)(1) of this section, the court shall determine if the parent who is granted the parenting time rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child.

(4) If a parent who is granted parenting time rights pursuant to this section or any other section of the Revised Code is authorized by an order issued pursuant to this section or any other court order to receive a copy of any notice of relocation that is filed pursuant to division (G)(1) of this section or pursuant to court order, if the residential parent intends to move to a residence other than the residence address specified in the parenting time order, and if the residential parent does not want the parent who is granted the parenting time rights to receive a copy of the relocation notice because the parent with parenting time rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, the residential parent may file a motion with the court requesting that the parent who is granted the parenting time rights not receive a copy of any notice of relocation.

As a result the trial record in this proceeding is incomplete and unbalanced on crucial issues including: (1) the widespread suicidal ideation initially experienced by persons with disabilities responding to their disabilities; [8](2) relevant exploitation and abuse to which people with disabilities and the elderly are subjected; [9](3) prejudice faced by persons with disabilities in society at large and in the medical community; [10](4) the impact the lack of palliative care and support services has on suicidal ideation; [11](5) the impaired agency of persons with disabilities in dependent circumstances; [12](6) evidence of clinicians about the impact resulting from a state sanctioned paradigm shift legalizing assisted suicide and euthanasia («AS / E»); [13] and (7) the impact on the judgment of doctors of functioning in an environment of increasing health costs and budget constraints.

[37] In conclusion on this issue, evidence relating to life insurance proceeds received, the payout of the mortgage on the family home at the time as a result of another life insurance policy, the existence of a current mortgage, and other evidence of that nature is admissible.

Indeed, while the press conference here at issue may have served a valuable public service, it was not incidental to any proceeding in the manner intended by the absolute immunity privilege

T -1274-12, Prothonotary Aronovitch considered factors relating to the nature of the issue of quantification and its complexity to dismiss a motion for bifurcation, stating in part ``... bifurcation presents a clear prejudice to the plaintiff who in the event that it is successful at the liability stage, will have to engage in a second proceeding, and will thereby be deprived of a timely remedy.»

In this case, the subsidiary Chevron Canada was served at its registered head office in Ontario, and therefore the court has jurisdiction to consider the plaintiffs» claims against the Canadian subsidiary, even though it had no invovlement in the foreign proceeding or the judgment that was issued against Chevron CorpIn this case, the subsidiary Chevron Canada was served at its registered head office in Ontario, and therefore the court has jurisdiction to consider the plaintiffs» claims against the Canadian subsidiary, even though it had no invovlement in the foreign proceeding or the judgment that was issued against Chevron Corpin Ontario, and therefore the court has jurisdiction to consider the plaintiffs» claims against the Canadian subsidiary, even though it had no invovlement in the foreign proceeding or the judgment that was issued against Chevron Corpin the foreign proceeding or the judgment that was issued against Chevron Corp..

In the NPRM we would have allowed covered entities to disclose protected health information in the course of any judicial or administrative proceeding: (1) In response to an order of a court or administrative tribunal; or (2) where an individual was a party to the proceeding and his or her medical condition or history was at issue and the disclosure was pursuant to lawful process or otherwise authorized by laIn the NPRM we would have allowed covered entities to disclose protected health information in the course of any judicial or administrative proceeding: (1) In response to an order of a court or administrative tribunal; or (2) where an individual was a party to the proceeding and his or her medical condition or history was at issue and the disclosure was pursuant to lawful process or otherwise authorized by lain the course of any judicial or administrative proceeding: (1) In response to an order of a court or administrative tribunal; or (2) where an individual was a party to the proceeding and his or her medical condition or history was at issue and the disclosure was pursuant to lawful process or otherwise authorized by laIn response to an order of a court or administrative tribunal; or (2) where an individual was a party to the proceeding and his or her medical condition or history was at issue and the disclosure was pursuant to lawful process or otherwise authorized by law.

Litigation finance or litigation funding is the provision of capital to a claimholder in exchange for a portion of the proceeds in a litigation or arbitration where recourse is limited to the proceeds of the litigation or arbitration at issue.

As the contents of the status certificate can be crucial to a purchaser in making a decision as to whether to proceed with the purchase of a condominium unit, managers must constantly be reviewing and updating the information in the status certificate to ensure that it is complete and accurate at the time that it is issued.

[75] The respondent administrators argue that a threshold issue in this matter is whether the petition is suitable for a proceeding under Rule 2 - 1 of the Supreme Court Civil Rules and rely on McDonald v. Lau, 2016 BCSC 1651 at para. 39:

These trials are subject to case management, by the judge who will hear the trial, aimed at providing the parties with that level of process which is proportionate to the importance and complexity of the issues in dispute, and ensuring that matters are ready to proceed when scheduled.

The Court of Justice instructs the national court to take into account, inter alia, the dual fact that, first, the defendants in the main proceeding are each separately accused of committing the same infringements with respect to the same products and, secondly, such infringements were committed in the same Member States, so that they adversely affect the same national parts of the European patent at issue.

Rather than starting in the middle, approach your argument like your law school professors used to tell you to approach exams: address each issue one at a time, proceeding step by step without returning to places you've already been.

If a divorce, dissolution, legal separation, or annulment proceeding involves a child and if the court has not issued a shared parenting decree, the court shall make a just and reasonable order or decree permitting each parent who is not the residential parent to visit the child at the time and under the conditions that the court directs, unless the court determines that it would not be in the best interest of the child to permit that parent to visit the child.

An injunction for protection against domestic violence issued pursuant to s. 741.30 for a parent as the petitioner which is in effect at the time of the court proceeding shall be one means of demonstrating sufficient evidence that the parent is a victim of domestic violence or is about to become the victim of an act of domestic violence, as defined in s. 741.28, and shall exempt the parent from this section, including the requirement to post a bond or other security.