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Judge Michel Implores Full CAFC to Fix ‘Fuzzy’ Rebuttable Presumption of Nexus Jurisprudence

IP Watchdog

2019), “confused the law” regarding a rebuttable presumption of nexus. Court of Appeals for the Federal Circuit (CAFC) for rehearing en banc after the court found its original patent claims unpatentable as obvious. Zaxcom argued that the CAFC’s precedent in Fox Factory, Inc. SRAM LLC, 944 F.3d 3d 1366 (Fed.

Rebuttal 119
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Even a Good Reason for Non-Use May Not Save Your Abandoned Trademark

IP Watchdog

As per the Lanham Act, suspension of use for a consecutive three years may create a rebuttable presumption of abandonment. Continued use of a trademark keeps the trademark alive and makes the trademark right stronger. In the below case, we will analyze the nuances of trademark abandonment from nonuse.

Rebuttal 111
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Neurosurgeon Backing Judge Newman Defends Report Against CAFC Committee Criticisms

IP Watchdog

Filler, MD, PhD, JD, the unpaid expert who said he reached out proactively to conduct testing on Judge Pauline Newman pro bono in order to help resolve the impasse between Judge Newman and the Judicial Council, has filed a rebuttal to criticisms of his September 2024 report confirming Newman is fit to serve on the U.S.

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Looks Prehistoric

The 10b-5 Daily

The company responded to the report with a short press release deriding the report’s inaccuracies and then later issued a longer rebuttal. The company’s stock price declined during this period. ” The company’s press release generally rejected the report’s allegations.

Rebuttal 182
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Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video

E-Discovery LLC

Although the Fourth Circuit permits a rebuttable presumption of relevance where willfulness or bad faith is shown, Ms. Prejudice exists only “where the party’s ability to present its case is compromised as a result of the missing evidence.” Moore made no such showing.

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Three Letters Summarize the March-In/ Compulsory Licensing Debate

IP Watchdog

That triggered an immediate rebuttal from six associations representing research universities and hospitals (including the Bayh-Dole Coalition, which I lead) and another from the Licensing Executives Society, USA & Canada, Inc.

Rebuttal 130
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Zaxcom Asks Full Federal Circuit to Clarify Court-Created Confusion on Presumption of Nexus

IP Watchdog

2019), “confused the law” regarding a rebuttable presumption of nexus. Now, Zaxcom has petitioned the court for rehearing en banc, arguing that the CAFC’s precedent in Fox Factory, Inc. SRAM LLC, 944 F.3d 3d 1366 (Fed.

Rebuttal 105