· 8/23/2017
Matter of Lancaster v. Nicolas
Citations
- 2017 NY Slip Op 6275
- 153 A.D.3d 829
- 60 N.Y.S.3d 391
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Board “was cor- rect to not allow the extrinsic evidence, including expert testimony, to trump the persuasive intrinsic evidence” (cleaned up)
- explaining that the AIA was designed “to provide an alternative to district court litigation”
- reaching constitutional challenge to the Board raised for the first time on appeal
- reaching constitutional challenge to the Board raised for the first time on appeal
- “[S]ubstantial evidence supports the [PTAB’s] assessment and weighing of this ev- idence, and we decline to reweigh the evidence on appeal.”
- \IPRs use a preponderance of the evidence burden of proof rather than the district court's clear and convincing evidence burden of proof.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Mastro, Hall, Miller, Hinds-Radix
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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