Sentences with phrase «claim construction proceedings»

All of this will likely lead to more frequent and more involved evidentiary hearings in connection with claim construction proceedings.

James» extensive IP litigation experience includes examination of witnesses at trial, depositions, claim construction proceedings, summary judgement and appeals.

Indeed, while live expert testimony is uncommon in claim construction proceedings under the old standard, the Teva decision makes live testimony more likely so the district judge can weigh competing evidence, assess credibility and make specific factual findings.

2005)(en banc), it is likely to introduce important strategic issues in patent cases, especially relating to conduct of claim construction proceedings.

But claim construction proceedings may include voluminous evidence concerning matters outside the patent document and prosecution history.

Although the Teva decision does not expressly alter the analytical framework used in claim construction proceedings since Phillips v. AWH Corp., 415 F. 3d 1303 (Fed.

Not exact matches

The corporate watchdog has begun civil penalty proceedings against Padbury Mining and two of its directors over statements made last year claiming the company had lined up $ 6 billion in equity to fund construction of a port and rail network at Oakajee north of Geraldton.

Mr. Myrtetus also has experience in commercial litigation matters including forfeiture proceedings, fraudulent conveyances, boundary line disputes, partition, construction disputes, and related claims.

Sebastian Jungemeyer has been acting for a foreign mail - order business in the entertainment sector in asserting payment claims, while Stefan Osing represented AXA in liability proceedings against several architects, engineers and construction companies.

Acting in a # 160 million claim in connection with the defective design and construction of the largest wine production and distribution facility in the UK involving multi-party English High Court proceedings.

Acted in High Court Queen's Bench Division, and Technology and Construction Court proceedings against former employees of the quant fund and in Chancery Division proceedings in which it was the defendant in relation to claims by one of its founders to intellectual property rights in the software.

Among others, Mr. Ferdinand's experience includes, appellate litigation; bankruptcy adversary proceedings; bid protests, debarments, and appeals; breach of contract and Uniform Commercial Code claims; broker disputes; commercial landlord - tenant actions, including commercial evictions; condominium association litigation; consumer fraud and deceptive trade practices act claims; corporate governance; directors» and officers» claims; ethics and professional liability; health law; injunctions; insurance issues; lien claims, including commercial and residential construction liens; planning board actions; post-judgment collection; restrictive covenants; shareholder and partnership disputes; and shareholder derivative claims.

Numerous issues in dispute during in AIA proceedings parallel issues likely to arise is subsequent district court infringement and declaratory judgment actions, including claim construction, novelty, and obviousness.

Chris provides business and corporate advice, including advice related to sales and acquisitions, commercial leasing, contracts, real estate conveyance and financing; broad commercial litigation representation including contracts and other business disputes, commercial and residential construction defect claims, religious entity law, advice regarding employment disputes and compliance, including ADA, ADEA, Title VII, Colorado Wage Act, FLSA compliance, and administrative proceedings before EEOC and DORA - Colorado Civil Rights Division; representation in administrative proceedings, C.R.C.P. 106 (a)(4) appeals and interlocutory appeals regarding governmental immunity, defense and pursuit of 42 USC § 1983 actions in federal and state court; representation of public pension funds in litigation and administrative matters; and appellate practice before the Colorado Court of Appeals, Colorado Supreme Court, and the 10th Circuit.

At oral argument, counsel for Cuozzo argued that the PTAB should apply the Phillips claim construction analysis to IPR proceedings for several reasons: 1) BRI only applies when a claim under review may be freely amended; 2) Congress intended the IPR process to be «adjudicatory» rather than «examinational;» and 3) the two different standards would result in anomalies, including situations where claims mean «one thing for patentability in the Board, but a wholly different thing for infringement in the district courts.»

Judge Newman filed a separate dissent, pointing out that all amicus briefs submitted in the case argued against different standards in PTAB and district court proceedings, stressing the concern that different claim constructions would lead to uncertainty a lack of predictability in patent rights.

In a set of revised opinions from the panel hearing the appeal, and three additional opinions, the court exposed sharp division on the proper claim construction standard applicable to AIA trial proceedings.

It should be noted that the proper claim construction standard for PTAB trial proceedings is a subject of patent reform bills pending in Congress, which would direct the USPTO to apply the same standard as that used in federal court litigation.

First, Congress intended the AIA post-grant proceedings to be a substitute for federal court litigation, in which court's use a different claim construction approach based on Phillips v. AWH Corp., 415 F. 3d 1303 (Fed.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

Advising BP in its successful defence of English High Court litigation proceedings brought by a group of Colombian landowners claiming for environmental damage to their properties allegedly caused by the construction of an oil pipeline.

He has particular expertise in the area of construction litigation and regularly represents residential and commercial builders and owners — both private and public — involving payment disputes, recovery actions, construction defect, mechanic's lien, stop notice, delay and acceleration claims, bid protests, and debarment proceedings.

Lindsay Kenney acts on behalf of local and international clients in relation to business disputes, fraud claims, partnership and shareholder disputes, in bankruptcy proceedings, construction claims, employment litigation, intellectual property litigation, defamation claims, professional liability issues, complex litigation matters and other administrative and regulatory issues, including appeals.

The Plaintiffs (property developers) had instituted proceedings against the Defendants in November 2014 claiming both breach of contract and negligence against the Defendants in relation to the construction of two houses in Co..

Because the appellate court agreed with ALE as to the term «adapted» in the» 012 patent, it vacated the district court's claim construction order as to that term and remanded for further proceedings on infringement of the» 012 patent under the proper construction of «adapted.»

Barclay Damon sued on behalf of the innovator, won favorable claim construction rulings in district court, and defended the validity of the patents at issue in reexamination proceedings before the United States Patent and Trademark Office.

In addition, although the Federal Circuit has not addressed the broader issue, patent owners should expect that short of actual disclaimer, all statements made during AIA post grant proceedings, including statements in expert reports, will be considered «intrinsic» evidence that a district court may consider, along with the patent specification and prosecution history, in conducting claim construction.

Represented a consortium of American, Canadian, German, and Japanese companies in ICC Rules proceedings against Iran on claims for breach of a contract for the construction of a nationwide telecommunications system.

A recent Federal Circuit case demonstrates the complexity of resolving difficult claim construction issues in multiple agency and court proceedings.

However, the PTAB stated that «precedent makes clear that the USPTO is not bound in reexamination proceedings by claim constructions produced by a court.»

Acting for London market reinsurers in proceedings concerning a claims control issue in a construction all risks policy.

Anders represented one of Sweden's largest construction companies in Swedish Supreme Court proceedings against a global insurance company regarding claims under a construction contract.

On May 9, 2018, the United States Patent and Trademark Office (USPTO) released a proposed rule change regarding the future of claim construction during post grant proceedings at the USPTO.

We acted in a # 160 million claim in connection with the defective design and construction of the largest wine production and distribution facility in the UK involving multi-party English High Court proceedings.

What one can conclude from the Cuozzo holding is that IPRs are USPTO proceedings, and as a result the USPTO and the PTAB will be given the broadest discretion available under the relevant statutes, including setting their own claim construction standard.

We advance and defend all types of construction proceedings in all areas of construction law including construction lien claims, damage, delay, scheduling and impact claims, construction trust claims, deficiency claims, claims on bonds and letters of credit, claims involving tendering and procurement and professional liability claims.

We advise a broad cross section of clients on all forms of disputes and legal proceedings relating to commercial property, including disputes relating to joint - venture and partnership arrangements relating to property; nuisance claims; service charge issues; applications to the Upper Tribunal to modify and discharge restrictive covenants affecting land; rent recovery; landlord and tenant insolvency; dilapidations and repair claims; boundary disputes; and disputes relating to the construction and meaning of property - related contracts such as agreements for lease, leases, overage agreements, guarantees, and sale contracts.

The primary focus of the articling experience in Toronto is on all aspects of labour and employment law, including labour arbitration, proceedings before the Ontario Labour Relations Board and Canada Industrial Relations Board, human rights and equity issues (including Charter litigation), collective bargaining, construction labour relations, pension and benefits law, workers» compensation, disability claims, employment standards, wrongful dismissal litigation and occupational health and safety.