"The alleged unlawfulness or unenforceability of the mudarabah agreement is one of the precise circumstances with which the (English law governed) purchase undertaking is intended to deal," it adds.
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The Company subsequently filed amended counterclaims during the period from August to December 2014, seeking a declaratory judgment of unenforceability of the patent due to Regeneron's commission of inequitable conduct.
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Schultz and Land are the authors of a recent journal article on this topic entitled "On the Unenforceability of the Electoral Count Act" published in the Rutgers Journal of Law & Public Policy.
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Proven inequitable conduct in any claim can expose the entire patent to unenforceability.
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Peters v Collinge [1993] 2 NZLR 554 is a case regarding illegal contracts at common law, involving the unenforceability of contracts interfering with the democratic process.
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On November 16, 2005, the full court declined to review the case, and, citing "prejudice to the public as a whole", extended the original unenforceability ruling to all claims under the patents in question.United States Court of Appeals for the Federal Circuit, 04-1451, Symbol Technologies, Inc. et al. v. Lemelson Medical, Education & Research Foundation, LP , November 16, 2005The patents at issue are:, , , , , , , , , , , , , .
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In A Call to Abolish Peremptory Challenges by Prosecutors, Smith argues that courts should acknowledge the unenforceability of Batson v. Kentucky, the landmark United States Supreme Court case prohibiting prosecutors from excluding jurors in criminal cases based solely on race, and admit that the only way to end this insidious practice that leads to less diverse juries is to abolish peremptory challenges by prosecutors.
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Kill fees are paid by magazine publishers to authors when their articles are submitted on time but are subsequently not used for publication. When this occurs, the magazine cannot claim copyright for the "killed" assignment. Unenforceability implies that neither party may have recourse to a court for a remedy. Ineffectiveness implies that the contract terminates by order of a court where a public body has failed to satisfy public procurement law.
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On November 16, 2005, the full court declined to review the case, and, citing "prejudice to the public as a whole," extended the original unenforceability ruling to all claims under the patents in question.United States Court of Appeals for the Federal Circuit, 04-1451, Symbol Technologies, Inc. et al. v. Lemelson Medical, Education & Research Foundation, LP , November 16, 2005 However, the judge also ruled that Cognex and Symbol did not demonstrate that Lemelson had "intentionally stalled" getting the patents.
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On the other hand, the alleged infringer could do nothing to rectify the situation if no declaratory judgment existed. The alleged infringer would be forced to continue to operate his business with the cloud of a lawsuit over his head. The declaratory-judgment procedure allows the alleged infringer to proactively bring suit to resolve the situation and eliminate the cloud of uncertainty looming overhead. Common claims for declaratory judgment in patent cases are non-infringement, patent invalidity, and unenforceability.
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The project would have given the state of California $2 billion and Santa Barbara County about $350 million in tax revenues during that time. The County Board of Supervisors voted to approve the project and sent it on to the State Lands Commission, which rejected it by a 2 to 1 vote on January 29, 2009, citing the unenforceability of the sunset clause. In May 2009, California Governor Arnold Schwarzenegger revived the project by including it in a revised budget proposal. However, the proposal did not pass.
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Illumina sought for Czarnik to assign all rights to the patents to the company, as he had done while he was employed. While reviewing Illumina's patents and applications pending before the United States Patent and Trademark Office (USPTO), Czarnik discovered that Illumina had filed and prosecuted numerous patents that contained his inventions, without identifying him as an inventor. Czarnik sent letters to the USPTO, requesting a correction of inventorship on the patents and pending applications, but the USPTO did not respond. In June 2005 Czarnik sued Illumina, seeking corrections of inventorship under 35 U.S.C. § 256, seeking declaratory judgments of patent unenforceability, and alleging a state law claim of fraud.
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Title insurance is a form of indemnity insurance predominantly found in the United States and Canada which insures against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage loans. Unlike some land registration systems in countries outside the United States, US states' recorders of deeds generally do not guarantee indefeasible title to those recorded titles. Title insurance will defend against a lawsuit attacking the title or reimburse the insured for the actual monetary loss incurred up to the dollar amount of insurance provided by the policy. The first title insurance company, the Law Property Assurance and Trust Society, was formed in Pennsylvania in 1853.
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Judgment risks include, inter alia, risks involved in taking the dispute to court, losing on a procedural issue, the risk of an unfriendly court, evidentiary problems and the threat of political uncertainty that could prevent an action being brought against a party. Execution risks include the risk that a plaintiff could not execute a judgment against the defendant. This is often due to defendant insolvency or due to the unenforceability of one country's court judgments in another country. Finally jurisdictional risks are part of both the above risks: they revolve mainly around the costs and difficulty that a party would endure when bringing an action against the defendant who is usually located in another jurisdiction.
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Parker v Clark [1960] 1 WLR 286 This presumption of unenforceability can always be rebutted by express agreement otherwise, for instance by writing the deal down. By contrast, agreements made among businesses are almost conclusively presumed to be enforceable.See Esso Petroleum Co Ltd v Customs and Excise [1975] UKHL 4 But again, express words, such as "This arrangement... shall not be subject to legal jurisdiction in the law courts" will be respected.See Rose & Frank Co v JR Crompton & Bros Ltd [1924] UKHL 2, Lord Atkin, however, emphasising that it was a case where "business people" were regulating their "business relations", rather than a situation involving two parties with an imbalance of bargaining power.
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