Landis v. State
Citations
- 2024 ND 17
Syllabus
This Court only decides those issues which are thoroughly briefed and argued, and a party waives an issue by not providing adequate supporting argument. Summary dismissal of an application for postconviction relief is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the proposed combination requires “a modification that is not disclosed in King or Arimilli”
- stating “[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference”
- not- ing that whether one prior art reference can be incorpo- rated into another is “basically irrelevant.”
- “litigation and reexamination are distinct proceedings, with distinct parties, purposes, procedures, and outcomes”
- “When [a] patent is concurrently involved in litigation, an auxiliary function is to free the court from any need to consider prior art without the benefit of the PTO’s initial consideration.”
- “When [a] patent is concurrently involved in litigation, an auxiliary function is to free the court from any need to consider prior art without the benefit of the PTO’s initial consideration”
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced 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.