Sentences with phrase «claim construction by»

Although the court was careful to officially state that its findings on construction and validity were not based on the file wrapper, it is equally clear that the court carefully examined the repeated protests, their apparent bona fide effect on prosecution, and subsequent responses and claim construction by the patentee.

While precedent has previously addressed the effect of a prior district court claim construction on a subsequent PTO proceeding, never before has a final claim construction by this court been held not to be preclusive.

This later patent (No. 5,946,647 shown below) has just now been returned to the Samsung litigation based upon an order by the U.S. Court of Appeals for the Federal Circuit, which in an opinion last Friday (April 25, 2014) revived the patent by affirming a claim construction by Judge Richard A. Posner from a different case by Apple against Motorola — Judge Posner's claim construction contrasted with that of Judge Luch Koh in the Samsung litigation.

[239] This case highlights a potential risk in taking a simpler approach to claim construction by ignoring extrinsic evidence, such as the prosecution history of the patent in suit.

Not exact matches

He was moved to the Downtown construction zone and the Learning Village, where his friends told me he was asked to mislead city officials about the nature of the project, skirting zoning codes and the permit process by claiming a permanent structure was temporary.

He disputes the claims of nullifiers that the federal union was a compact between sovereign states, argues that the founders sought coordination between the branches of government rather than a stalemate between competitive, coequal centers of power, and offers a strict construction of the Second Amendment as an authorization for state militias rather than a charter for the private ownership of assault rifles by potential revolutionaries.

But the evolution of distinct Protestant bodies, which enhanced their claim to individuality by the formulation of new creeds and the construction of creedal theologies, soon led to a division within Protestantism itself.

There are many reasons why this has happened; this is no place to discuss them, but among others we may mention scientific constructions, psychological discoveries, awareness of sociological conditions, and all that Bonhoeffer summed up in saying that man has «come of age» (by which he did not mean that man is an entirely mature and adult creature who now can take the place of God, in a fashion not unlike the claim made by the Provost of King's in his recent utterances; but he did mean that we now know our own responsibility and that God treats us, not like slaves nor like little children, but like sons to whom He entrusts such responsibility).

In talking about «the imagination of a society,» one must not forget how the Western imperialist - expansionist enterprise of colonization, with its attendant construction of «Orientalism,» provided the majority - dominant community with a double - edged weapon - on the one hand to use the tools provided by such an enterprise to create a superstructure which suited its own legitimation of superiority; and, on the other, to claim to be the authentic dispossessed, struggling to reclaim its rights.

Barth claimed that such knowledge was impossible and an obstacle to true knowledge by faith (the analogia fidei), because it tempts us to substitute a philosophical construction for authentic revelation of the living God.

But then last month, Protect Our Parks and a Lincoln Park resident filed another lawsuit, which remains pending, seeking to stop construction of the field by claiming the artificial turf may contain lead.

Kiddo Care ups the ante by offering you a refund within 30 days of purchase and if you find a defect in the material or construction, they claim they will replace the scarf for life.

Windsor sought to claim the federal estate tax exemption for surviving spouses, but was barred from doing so by § 3 of the federal Defense of Marriage Act (DOMA), which amended the Dictionary Act — a law providing rules of construction for over 1,000 federal laws and the whole realm of federal regulations to define «marriage» and «spouse» as excluding same - sex partners.

President John Dramani Mahama has downplayed claims by his critics that the construction of roads in the country does not put food on the table of Ghanaians.

«I went there because I wanted a proof of the fact that the site was just fenced and there was a heap of sand there as Nana Addo was claiming... I went there with the MP of Salaga, with the Regional Minister and with the Police Department that was escorting the Regional Minister and we filmed the whole place and that is the story we put out for people to know and for Nana Addo to know that if they are relying on information by his propagandists then he is threading on dangerous grounds; because what we saw there was an exact opposite of what he sought to portray in his true state of the nation's address and what we saw vindicated the President's assertion that there was a 60 - bed hospital construction in Salaga.»

The Herald's preliminary findings about the Rural Electrification Project in which Smarttys, has been mentioned, has revealed that the contract was rather between Ghana Government and the China Hunan Construction Engineering Group Corporation, and that Smarttys, has no business transaction with the government as claimed by the Minority New Patriotic Party (NPP) MPs.

Related claims in a lawsuit that the Building and Construction Trades Council of Greater New York inflated construction costs by more than $ 100 million at the megaproject, the New York PoConstruction Trades Council of Greater New York inflated construction costs by more than $ 100 million at the megaproject, the New York Poconstruction costs by more than $ 100 million at the megaproject, the New York Post reported.

In the year 2010 or thereabout, Mr. Alfred Agbesi Woyome made a claim on the Government of Ghana (GoG) for financial engineering services he rendered during the procurement process for the rehabilitation and construction of Stadia for the CAN 2008 Tournament, which process was illegally truncated by Government on the 22nd August, 2005.

The statement said by his admission, Banire agrees that a transfer of ownership on the property he has acquired is indeed taking place and what the Lagos State law demands is a validation of this claim so that the requisite permit on the existing property; an alteration to it or a new construction, as the case may be, may be sought and obtained.

A new report by NYU's Furman Center claims it might, provided hard construction costs don't rise more than 18 percent in Manhattan.

A construction firm involved in the renovation of City Hall in Lower Manhattan claims it is owed $ 12,570,174 for extra work — because there were so many change orders that the project was extended by two years.

The one somber detail was a procession of men in black hardhats carrying coffins, symbolizing the — by their count — 16 workers who have died on construction sites in 2015, all but two of whom they claimed were non-union.

Among other things, the aggrieved employees claimed that Mrs. Osei unilaterally awarded a GHc 3.9 million contract for the demarcation and partitioning of an office complex without engaging the Commission, and indulged in cronyism by awarding another contract to the tune of $ 14,310,961 to associates for the construction of prefabricated District offices.

In addition, the complaint claims Glenwood has a «pattern and / or practice» of failing to comply with the federal law in its design and construction of multifamily dwellings — citing several other apartment buildings built by the company, such as the Brittany on the Upper East Side and the Paramount Tower on East 39th Street, as examples.

A 2004 Common Cause report found almost 30 percent of the Liberty Bonds, designed to spur residential construction after the Sept. 11, 2001, attacks, issued in New York State were claimed by Litwin.

The Empire State Development Corporation inserted a clause into its lease proposal with Ratner that would allow the developer to bail on the construction of 2,250 affordable units, by claiming that such construction would be «subject to governmental authorities making available... affordable housing subsidies,» the Brooklyn Paper reported.

(Construction on Hawaii's Mauna Kea has been delayed by legal claims raised by Native Hawaiians.)

Yet Audi's claims of being a lightweight construction pioneer are countered by the still slightly porky 1630 kg kerb weight of the 2.0 TFSI version.

She was found as a stray at a construction site and never claimed by her previous owner.

They claim there won't be construction on the weekends, so hopefully that means I won't be woken up early by men at work!

They are informed by the construction of the programmed artefact, of course, but my claim is that it is what players actually do — both with and against the intentions of the developer — that constitutes the games being played with Resident Evil.

But Michael Hort had a bigger nose for a suite of constructions at Untitled made by Phil Wagner — an artist, dealer Joel Mesler claimed, who expressed the «generic optimism» of Art Positions, where small galleries like his are restricted to presentations of single artworks.

These include the construction of a $ 150 million Thomas Mayne building «the school does not need» and purportedly lavish spending by Cooper President Jamshed Bharucha; the group claims Bharucha's administration laid out $ 350,000 for his inauguration ceremony, including a $ 50,000 speaking fee to columnist Fareed Zakaria, and spent excessively on the president's personal expenses, from $ 10,000 blinds in his residence to hiring a retinue of personal bodyguards.

Construction of a planned dam on the Kura (Mtkvari) River in the Turkish province of Ardahan would redirect much of the river's water from the Caspian Sea to the Black Sea, leading to «an ecological and economic catastrophe» in Georgia, officials from the Georgian Green Party are cited as claiming in a recent article by the Georgian publication Democracy & Freedom Watch.

Enviva claims that it produces wood pellets only from low - grade wood resources such as chips, bark, sawdust by - products, treetops, branches, and other forestry debris remaining after the tree trunks from commercial forests have been shipped for construction material.

They claim to have a «limited connectable amount» (which seems dubious) by charging excessive «construction contributions» to other operators, and by giving notification of «no more availability for further connection» as a result of prioritizing existing power sources or their own future plans.

This is much higher than any estimate made even by Kinder Morgan, who, relying on a report by the Conference Board of Canada (CBoC), claim that there will be 1500 - 2000 operations jobs (i.e., not counting the short - term jobs created during the construction phase).

I've seen a house wrap made by a company called Insultex that claims an R - 6 Rated impermeable barrier wrap for new home construction.

The latest issue of Passive House Plus includes several examples which appear to contradict this claim — including a block - built passive house in Co Kildare estimated by builder Pat Doran Construction, a CIF member, to have cost $ 20,000 less to build than the department's own suggested specification from its regulatory impact analysis on the 2011 changes to Part L of building regulations.

[There are] fossils of unfathomable age, and fantastical trees such as Cedar of Lebanon, the Phoenix Palm, and the Methuselah tree, thought to be one of the oldest trees in the World at 4,847 years of age, as well as a railroad tie taken from the Panama Canal Railway, which claimed the lives of between 5,000 to 10,000 workers over its 50 year construction, and wood is salvaged from the remnants of the iconic Atlantic City boardwalk devastated by Hurricane Sandy in 2012.

He claimed that the construction of the wind farm would cause destruction of native flora, which is curious considering that by far the greatest part of the project will be on land that has been farmed and / or grazed for decades.

In construction, multimillion dollar claims can often be avoided by using the right materials and techniques from the start, which may cost as little as tens of thousands during construction.

Nothing Like a Bankruptcy Case to Torpedo Your Construction Contract Claims... What Construction Lawyers and Their Clients Need to Know - March 13, 2013 Presented By: Byron Saintsing (Smith Debnam Narron Drake Saintsing & Myers — Raleigh, NC) Chad Alvaro (Mateer Harbert — Orlando, FL)

International construction firm in a case filed by the Department of Labor alleging that the employer improperly claimed the Motor Carrier Act exemption under the FLSA

In other work, the practice represented the state of Baden - Württemberg in a procedure before the Administrative Court of Stuttgart, defending the client against claims brought by Deutsche Bahn for the reimbursement of additional costs incurred by the construction project Stuttgart 21, and assisted the insolvency administrator of Infinus with the enforcement of shareholder loans totalling $ 320m.

Acted for one of the Claimants in a US$ 700 million claim for wrongful repudiation of three long - term charters on a modified Supplytime 2005 form relating to offshore construction works carried out by a state oil company.

In all jurisdictions, any claim construction analysis naturally begins with the claim language itself, and is followed by what the specification states.

Considering what a mess the Monday testimony and lawyer argument on the effect of the new claim construction was (because, frankly, both parties had previously hedged their bets as they didn't know what the appeals court would do), the jury is probably now very confused about it (and Judge Koh did the right thing by denying both parties» motions for judgment as a matter of law since there are reasonable arguments for and against infringement, for and against validity).

Now she has a problem, and the only reasonable solution I can see is that the» 647 patent be withdrawn from the current case because Apple's infringement argument and its damages claim, both erroneously supported by Judge Koh, were based on a wrong claim construction.

He has successfully handled cases involving brain injury, plane crashes, stock fraud, truck wrecks, deadly exposure to negligently manufactured drugs, intoxicated or drug impaired drivers who injure innocent citizens, negligent road construction and maintenance, negligent design or manufacture of machines, explosions and home fires, violation of DOT regulations regarding 18 wheelers, severe burns and scars, negligent installation of hot water heaters, wrongful denial of claims by insurance companies, sale of alcohol to minors by convenience stores, defective residential or commercial construction, heart attacks at work from overexertion, defective airbags, wrecks caused by trucks that exceeded size and weight limits, nursing home abuse, product liability, unrelenting pain from on - the - job injuries, and numerous other cases where the injuries were so severe that the person died or became totally disabled.