· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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