News & Analysis as of

Burden of Proof › Ex Parte

Constangy, Brooks, Smith & Prophete, LLP

Delay didn't defeat employer's right to arbitrate, CA appeals court says

Constangy, Brooks, Smith & Prophete, LLP on

A pleasant surprise for employers. A California appeals court ruled last week that an employer did not waive its right to arbitration -- despite the fact that the parties had been in litigation for more than 13 months...more

Foley & Lardner LLP

CAFC Vacates USPTO Single Reference Obviousness Rejection For Inadequate Showing Of Expectation of Success

Foley & Lardner LLP on

In a split decision with Judge Lourie dissenting, the Federal Circuit vacated an obviousness rejection that had been affirmed in an ex parte appeal to the USPTO Patent Trial and Appeal Board. The decision was rendered in In...more

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