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· 11/3/2008

In Re DBC

Citations

  • 545 F.3d 1373
  • 89 U.S.P.Q. 2d (BNA) 1123
  • 2008 U.S. App. LEXIS 24713
  • 2008 WL 4764340

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the Supreme Court never stated that Appointments Clause challenges must be heard regardless of waiver
  • stating that addressing an issue not raised below is \an exceptional measure\ appropriate only in \rare cases\
  • noting that a purpose of the waiver doctrine is to discourage disregard of agency procedures by giving the agency an opportunity to correct its own mistakes
  • explaining that an employee’s declaration reciting personal knowledge of the subject content was sufficient
  • rejecting a newly discovered Appointments Clause argument raised for the first time on judicial review because the party failed to raise it first before the administrative board
  • finding no nexus absent evidence that \the driving force behind [the allegedly successful product's sales] was the [claimed invention]\

Source: CourtListener parenthetical corpus (CC0).

Judges: Linn, Dyk, Stearns

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.