Remove 2021 Remove Litigation Remove Prima Facie Case Remove Statute
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Hyatt v. Hirshfeld: A perfect storm that overwhelmed the PTO

Patently O

From 2003-2012, the PTO stopped examining Hyatt’s applications pending litigation in a couple of the cases that culminated in the Supreme Court’s decision in Kappos v. 52(c) judgment against the PTO – finding that it had failed to present a prima facie case of prosecution laches. by Dennis Crouch.

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New rules on service outside Australia for the Federal Court of Australia

Conflict of Laws

Leave to serve turned on three conditions: the court had subject matter jurisdiction, the claim was of a kind mentioned in the rules, and the party had a prima facie case for any or all of the relief claimed: FCR r 10.43(4). Doing away with the need to seek leave in advance will increase efficiency and save some costs.

Court 40
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Denial of Natural Justice as a Defence to Enforcement of a Chinese Judgment in Australia

Conflict of Laws

On 22 October 2021, summary judgment was entered in favour of Wu by an Associate Justice of the Supreme Court: Wu v Yin (Supreme Court of Victoria, Efthrim AsJ, 22 October 2021); see Wu v Yin [2022] VSC 729, [5]. Yin’s evidence raised a prima facie case that he had been denied natural justice in the Chinese proceedings: [91].