JURIST

NOVEMBER 13, 2021

Justice Hari Shankar the high court ruled that Bacardi made out a prima facie case for grant of interlocutory injunction on the basis of infringement of its registered trademark. Thereafter, Bahety Overseas successfully applied for the registration of the mark “FREEZMIX.”

Prima Facie Case 197

Prima Facie Case Court Manufacturing Court Rules 197

JURIST

JULY 28, 2021

In this case, the trial court neither held a hearing nor appointed counsel and summarily denied Lewis’s petition stating “Lewis did not make a prima facie case for resentencing under Senate Bill 1437 because … he ‘would still be found guilty with a valid theory of first degree murder.'”

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Prima Facie Case Lawyers Lawyer Felony 197

JURIST

MARCH 7, 2023

The issues to be addressed include whether a foreign corporation can “carry on business” in Australia if it has no other commercial activities or domestic business and whether the requirement of a “prima facie case” requires evidence that could support inferences sufficient to establish the cause of action.

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Prima Facie Case Court Cause of Action Construction 163

JURIST

APRIL 19, 2021

Hence, a “prima facie case” was established. In a judgment of the Westminster Magistrates’ Court delivered on February 25, District Judge Sam Goozée found that there was sufficient evidence upon which Modi could be convicted in relation to the conspiracy to defraud PNB, among other things.

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Prima Facie Case Legal Legal Court 104

Patently O

FEBRUARY 27, 2024

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. Cautioning against: “references to ‘common sense’ without any support.”

Prima Facie Case 122

Prima Facie Case Legal Legal Court 122

JayS.Rothman&Associates

MAY 17, 2023

Usually, a plaintiff must establish a prima facie case of discrimination, including showing that they suffered an adverse employment action and that they can link it to a protected class or activity under the law. “Association,” however, is not a limitless term.

Prima Facie Case 96

Prima Facie Case Cause of Action Legal Legal 96

Day on Torts

AUGUST 26, 2024

While a plaintiff faced with a TPPA petition to dismiss could not make out a prima facie case for his false light invasion of privacy or intentional infliction of emotional distress claims, his defamation claim related to an allegedly false Title IX rape complaint was allowed to proceed. M2023-00045-COA-R3-CV (Tenn.

Prima Facie Case 52

Prima Facie Case Court Rules Court 52

Day on Torts

OCTOBER 3, 2022

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Patently O

MARCH 29, 2021

On appeal, though, the Federal Circuit found that the USPTO had presented a prima facie case by noting that the invention: “violates the first law of thermodynamics,” is “contrary to traditional understanding of chemistry,” and “violates the classical laws of physics” including conservation of mass.

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Prima Facie Case Technology Laws 115

Patently O

MAY 6, 2022

” How to establish a prima facie case. The Office is working through a multi-part course on how it examines 35 U.S.C. § 103 and the next 2-hour course is called Obviousness Part 2: “Writing Rejections.” Rationale for combining prior art. Communicating a rejection.

Prima Facie Case 58

Prima Facie Case 58

Day on Torts

JUNE 30, 2021

When defendant filed a petition to dismiss a defamation case under the Tennessee Public Participation Act (TPPA), and plaintiff failed to respond by “establish[ing] a prima facie case for each essential element of the claim in the legal action,” dismissal was affirmed.

Prima Facie Case 59

Prima Facie Case Court Legal Legal 59

Day on Torts

FEBRUARY 14, 2025

While the TPPA did apply to the case, the plaintiff employee met his burden of showing a prima facie case of defamation and the related torts alleged. In Garner v. Southern Baptist Convention , No. E2024-00100-COA-R3-CV (Tenn.

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Day on Torts

NOVEMBER 15, 2022

Second, if the court determines that the petitioning party has met such requirements of the statute, the court shall dismiss the legal action unless the responding party establishes a prima facie case for each essential element of the claim in the legal action or if the petitioning party establishes a valid defense to the claims in the legal action.”

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

NewmanFerraraLLP

MARCH 15, 2023

While a rear-end collision usually triggers “’a prima facie case of negligence on the part of the driver of the rear vehicle,’” the latter can come forward with a “non-negligent explanation for the collision” and thus rebut (or challenge) that presumption.

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At the Lectern

SEPTEMBER 20, 2021

5th 952, 961-970, regarding petitioners’ right to counsel and the standard for determining the existence of a prima facie case” and that it “[a]ddresses what evidence a court may consider at a resentencing hearing (clarifying the discussion in People v. Lewis (2021) 11 Cal.5th Lewis , supra , at pp.

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Patently O

JUNE 1, 2021

52(c) judgment against the PTO – finding that it had failed to present a prima facie case of prosecution laches. Although Hyatt was not easy to work with, substantial aspects of the blame-for-delay rest with the PTO. In particular here, the Judge entered a R.52(c)

Prima Facie Case 92

Prima Facie Case Statute Court Litigation 92

At the Lectern

JUNE 29, 2023

Resentencing prima facie case. Reyes , one of many cases concerning possible resentencing under Senate Bill 1437 (more about today’s Reyes decision later [ update : here ]), the court agreed to take on yet another SB 1437 case, People v. Those actions included: Supreme Court will hear Prop. 22 challenge.

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At the Lectern

DECEMBER 19, 2024

” The court last week agreed to hear Montgomery (see here ), with the issue as summarized by court staff (see here ), Must a petitioner allege a prima facie case for relief under the Racial Justice Act (Pen.

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Prima Facie Case Court 45

Day on Torts

JANUARY 11, 2022

Defendant filed a motion to dismiss, asserting that the BPR decisions on the matter “were res judicata and Plaintiff had failed to establish a prima facie case of legal malpractice.” Plaintiff had previously reported defendant to the BPR based on the same allegations in November 2018.

Prima Facie Case 59

Prima Facie Case Legal Legal Tort 59

Patently O

JUNE 15, 2023

Reciting the mechanism for known compounds to yield a known result cannot overcome a prima facie case of obviousness, even if the nature of that mechanism is unexpected.

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Prima Facie Case Court 75

Patently O

FEBRUARY 25, 2021

The CFC agreed with Bitmanagement that it “had established a prima facie case of copyright infringement.” Section 1498(b). ” But, the lower court went on to excuse the Navy’s actions–finding an implied license to make/distribute copies. Bitmanagement Software GmbH v.

Contract 108

Contract Prima Facie Case Punitive Damages Court 108

Patently O

MARCH 31, 2024

This evidence “called for an instruction, if properly requested, on the objective indicia to which the evidence pertains, so that the jury could assess its weight as objective indicia and—where the jury was asked for the bottom-line answer on obviousness—in relation to the prima facie case.”

Prima Facie Case 59

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At the Lectern

JANUARY 15, 2025

The court last month agreed to hear Montgomery (see here ), with the issue as summarized by court staff (see here ), Must a petitioner allege a prima facie case for relief under the Racial Justice Act (Pen. Code, 745; RJA) before the trial court can consider a discovery request for disclosure of evidence under the RJA (id.,

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Prima Facie Case Felony Court 45

At the Lectern

APRIL 17, 2025

’ The court concluded, however, that the petition didn’t make a prima facie case — “the allegations of the petition do not support the conclusion that the language cited by petitioner is racially discriminatory or that it reflects racial bias or animus.”

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At the Lectern

AUGUST 11, 2022

When it requested an answer to the petition for review, the Supreme Court said, “In particular, be sure to address petitioner’s contention the Court of Appeal erred in summarily denying habeas relief because it misapplied the standard for establishing a prima facie case for relief” and it cited People v. Romero (1994) 8 Cal.4th

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Prima Facie Case Punitive Damages Court Cause of Action 49

Patently O

NOVEMBER 29, 2023

Specifically, the Board found MacNeil was entitled to a presumption that its evidence of commercial success, long-felt need, and industry praise related to its WeatherTech® product reflective of the inventiveness of the claims of the ’186 Patent.

Prima Facie Case 75

Prima Facie Case Court Laws Technology 75

Patently O

DECEMBER 4, 2023

The court found that Dorel had established a prima facie case that Cozy’s founder, Dr. Arjuna Rajasingham, “manipulated the PTO into recognizing priority dates to which he was not entitled” and “relied on the advice of his counsel to perpetrate a fraud on the PTO.”

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Prima Facie Case Attorney Statute Court 49

LexForti

JULY 17, 2021

In the recent case of Avantha holdings Limited v. Vistra ITCL India Limited , there were some extra pre-requisites given by the court for providing interim relief under Section 9.

Prima Facie Case 52

Prima Facie Case Provisional Remedy Entertainment Court 52

Patently O

APRIL 22, 2021

Samsung decision in 2016 and the never-ending debate over whether secondary considerations are best treated as rebuttal evidence to a prima facie case of obviousness based on the prior art, or whether all obviousness evidence should be analyzed holistically and at once.

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Prima Facie Case Drafting Court Laws 63

At the Lectern

MAY 19, 2022

” The dissent asserted the defendant had made a prima facie case of, and was thus entitled to a hearing on, racial discrimination in charging Black defendants with felony-murder special circumstance penalty enhancements in Orange County.

Prima Facie Case 49

Prima Facie Case Court Felony Statute 49

LexForti

JUNE 10, 2021

” Thus, there is no prima facie case for said application and dismissed the suit. The Bombay High Court held that “a product feature with only decorative and aesthetic with no source-identifiable could not be given exclusive rights under the concept of Trade Dress.” Judicial Interpretations.

Prima Facie Case 52

Prima Facie Case Laws Court Diligence 52

Patently O

DECEMBER 13, 2023

The court reiterated that when unexpected results are used to rebut a prima facie case of obviousness, those results must be shown to be unexpected compared to the closest prior art (here, Pasteur’s 2014 patent). In re Baxter Travenol Labs. , 2d 388, 392 (Fed.

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Prima Facie Case Statute Court 53

Conflict of Laws

OCTOBER 1, 2024

9 of ACA, all the court has to see is whether the applicant for interim measure has a good prima facie case, whether the balance of convenience is in favour of interim relief as prayed for being granted and whether the applicant has approached the court with reasonable expedition.

Court 69

Court Prima Facie Case Laws Contract 69

Conflict of Laws

JANUARY 15, 2023

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).

Court 40

Court Prima Facie Case Statute Cause of Action 40

Patently O

APRIL 1, 2024

[Two aside notes: (1) A patentee’s own surprise has regularly been used as evidence in these cases, this may need to be further considered; (2) the court looked at unexpected results in its analysis of secondary considerations.

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Prima Facie Case Court Litigation Litigating 40

Conflict of Laws

JUNE 11, 2023

Yin’s evidence raised a prima facie case that he had been denied natural justice in the Chinese proceedings: [91]. In these circumstances, ‘the associate justice and the judge erred in placing the onus on Yin to establish that there was no valid service on him by alternative means permitted by Chinese law’: [84].

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Prima Facie Case Court Divorce Litigation 40

The Volokh Conspiracy

JULY 10, 2025

The court further found that Ziade's "specific factual evidence [was] not enough to present a prima facie case of success on the merits or demonstrate any minimal merit to his defamation claim," although it offered no explanation as to how Ziade's evidence was insufficient for this purpose.

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Prima Facie Case Misdemeanor Statute Court 73