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No straight grants at yesterday’s conference

At the Lectern

Chief Justice Patricia Guerrero has cited the California Racial Justice Act ( here and here ) as one of the “important landmark new laws” that is “impacting [the court’s] workflow.” The court yesterday denied review and a depublication request in one case involving that legislation, Mosby v.

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Making a Proper Determination of Obviousness

Patently O

Still, the guidelines spend some time on the requirements of a prima facie case; the necessity of both evidence and reasoning to support any obviousness rejection; and consideration of all evidence before the examiner. The guidelines do not reference the US Constitution or any other Supreme Court cases besides Graham and KSR.

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California Supreme Court: prisoners must get lawyer when challenging convictions for killings committed by others

JURIST

This case originated in the trial court when the defendant Vince Lewis filed a petition, under a newly enacted law that took effect in January 2019, requesting counsel to challenge his murder conviction under that same law. The new law in question was California Senate Bill No.

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Jury Instructions and Objective Indicia of Nonobviousness: Federal Circuit Grants New Trial in Inline Plastics v. Lacerta

Patently O

These instructions explain the relevant law, legal standards, and how the jury should apply the law to the facts of the case when reaching a verdict. Attorneys from each side will typically propose specific instructions and object to those they believe are incorrect or incomplete. See Graham v. John Deere Co. ,

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Supreme Court on Patent Law: November 2023

Patently O

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Traxcell Techs. AT&T (No. Traxcell Techs.

Court 74
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No Mandamus Relief in Privilege Ruling

Patently O

seeking to set aside a district court discovery order piercing attorney-client privilege. After reviewing documents in camera, the district court granted in part Dorel’s motion to compel production of certain Cozy documents listed as privileged on the basis that the crime-fraud exception to attorney-client privilege applied.

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Death penalty affirmed despite prosecution’s inconsistent positions

At the Lectern

The defendant argued unsuccessfully that the inconsistent positions required disqualification of the district attorney’s office and that the inconsistency, which was not disclosed to the jury, deprived him of a fair penalty phase verdict. The court concluded, “The evidence was ambiguous as to the shooter’s identity. .”