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A Theory Of Claim Interpretation, Craig Allen Nard

Faculty Publications

This article explores the proper scope of judicial power in patent law by focusing on the Federal Circuit's theories of claim interpretation. A study of the court's claim interpretation jurisprudence reveals two schools of interpretation. I characterize these approaches as (1) hypertextualism, which is the predominant interpretative theory; and (2) pragmatic textualism, which is gradually asserting itself. The hypertextualist judge has an expansive view of judicial power, characterizing claim interpretation as a question of law subject to de novo review. This highly formalistic approach stresses textual fidelity and internal textual coherence, but eschews extrinsic evidence as an interpretive tool, portraying …

Antitrust Immunity, The First Amendment & Settlements: Defining The Boundaries Of The Right To Petition, Raymond Shih Ray Ku

Faculty Publications

Specifically, this Article examines whether settlement agreements and consent decrees resulting from what would otherwise be immunized litigation are protected from antitrust scrutiny and liability under Noerr. In order to conduct this analysis, this Article develops a methodology for determining immunity by focusing the immunity examination upon the means used to petition government and the source of the alleged injuries. Ultimately, private conduct is immune from antitrust scrutiny when it represents a valid attempt to persuade an independent governmental decision-maker in an effort to solicit government action, and the alleged injuries result from that persuasive effort. The validity of any …

State Of Utah V. Mark A. Schoenfeld : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE VERDICT AND CONVICTION IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE BRYANT H. CROFT, JUDGE, PRESIDING.

State Of Utah V. Lynn L. Belt : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM CONVICTION FOR ASSAULT BY A PRISONER, A THIRD DEGREE FELONY, IN THE SECOND JUDICIAL DISTRICT COURT, DAVIS COUNTY, THE HONORABLE DARWIN C. HANSEN PRESIDING

State Of Utah V. Kevin A. Bosley : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM CONVICTIONS OF TWO COUNTS OF FORGERY, THIRD DEGREE FELONIES, IN THE FIRST JUDICIAL DISTRICT COURT IN AND FOR BOX ELDER COUNTY, UTAH, THE HONORABLE BEN H. HADFIELD PRESIDING

West Valley City V. Jasbir Singh Bhatia : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A CRIMINAL CONVICllON OF THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH WEST VALLEY DEPARTMENT DATED MARCH 11,1999 THE HONORABLE JUDGE PAUL MAUGHAN.

American Fork City V. Luis Pena-Flores : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Fourth Judicial District Court of Utah County, State of Utah, American Fork Department, before the Honorable Howard H. Maetani, from a conviction of interference with a peace officer, a class B misdemeanor, in violation of Utah Code Ann. § 76-8-305, as adopted by American Fork City Ordinance

Gherri Cooke V. Claude Seth Cooke : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Order of the District Court of the Fifth Judicial District, the Honorable G. Rand Beacham, Presiding, entered July 28 1999

Jennifer Melissa Thurston V. Ronald Thurston : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF THE APPELLEE RESPONSE TO APPEAL FROM THE FINAL ORDER TRANSFERRING JURISDICTION AND DISMISSAL BY THE SIXTH JUDICIAL DISTRICT COURT FOR THE COUNTY OF SANPETE WITHIN THE STATE OF UTAH. THE HONORABLE LOUIS G. TERVORT PRESIDING

Hercules Incorporated V. Utah State Tax Commission : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF PETITIONER/APPELLANT On Petition for Writ Final Decision of Review of the Utah State Tax Commission's in Appeal No. 98-0707

Utah V. Pedro Arballo : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THREE CONVICTIONS FOR AGGRAVATED ROBBERY, FIRST DEGREE FELONIES, IN THE SECOND JUDICIAL DISTRICT COURT, WEBER COUNTY, UTAH, THE HONORABLE STANTON M. TAYLOR PRESIDING

John Hawkins V. Tom Callahan : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

John B. Hawkins V. Tom Callahan : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Third District Court, Salt Lake County, Judge Hilder Argument priority classification: 15

Gary And Kathleen Mcfadden V. Russel And Paula Diefenderfer : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Order Overruling Defendant's Objections To garnishment of his personal bank account, of the Third Judicial District Court, Salt Lake County, the Honorable Glenn K. Iawaski, Judge Presiding

State Of Utah, Plaintiff/Appellee, V. David Hittle, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

STATE OF UTAH, Plaintiff/Appellee, : Case No. 2000712-CA v. : DAVID HITTLE, : Priority No. 2 Defendant/Appellant. : BRIEF OF APPELLEE APPEAL FROM A CONVICTION ENTERED ON A PLEA OF GUILTY TO CRIMINAL NON-SUPPORT, A CLASS A MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. § 76-7-201 (SUPP. 1998), IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE DENISE P. LINDBERG, PRESIDING

Gary And Kathleen Mcfadden V. Russell And Paua Diefenderfer : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Order Overruling Defendant's Objections To garnishment of his personal bank account, of the Third Judicial District Court, Salt Lake County, the Honorable Glenn K. lawaski, Judge Presiding

State Of Utah V. Christoper Marques : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

This appeal is from the Defendant's conviction by a jury empaneled by the Honorable Michael D. Lyon, of counts of vehicle theft, theft, burglary of a vehicle, giving false information to a police officer and interfering with arrest. There was insufficient evidence presented to the jury for the jury to find the Defendant guilty of vehicle theft. The Defendant's attorney was ineffective when he presented no defense in behalf of the Defendant.

Ranae Neely V. Steven E. Bennett : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A JURY VERDICT HONORABLE FRANK G. NOEL THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

Gary And Kathleen Mcfadden V. Russel J. Diefenderfer And Paula Diefenderfer: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM FINAL ORDER OF THE THIRD DISTRICT COURT FROM THE HONORABLE GLENN K. IWASAKI

The State Of Utah V. Anthony Zinnerman : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment of conviction for unlawfully distributing, offering, agreeing, consenting or arranging to distribute a controlled substance, a second degree felony offense, in violation of Utah Code Ann. § 58-37-8(l)(a)(ii) (Supp. 1998), and unlawful possession of a controlled substance or counterfeit substance with intent to distribute, a second degree felony offense, in violation of Utah Code Ann. § 58-37- 8(l)(a)(iii) (Supp. 1998), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable L. A. Dever, Judge, presiding.

Helena Waters, Personal Representative Of The Estate Of Leonard D. Waters V. Darla Jorgenson, Jeanna Scott, Barbara D. Reynolds, Theodora Ann (Teddi) Brown, Sherrie M. Allan, And Frederick L. Waters : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT

APPEAL FROM TWO INTERLOCUTORY ORDERS ENTERED DECEMBER 13, 1999 AND MARCH 16. 2000 THIRD DISTRICT COURT, TOOELE COUNTY, STATE OF UTAH HONORABLE DAVID YOUNG ARGUMENT PRIORITY CLASSIFICATION 10

American Fork City V. Robert Thomas Luttmer : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal from the Fourth District Court, State of Utah Utah County, American Fork Department The Honorable Howard H. Maetani Fourth District Court Judge D.C. No. 981100518

Helena Waters V. Darla Jorgenson, Jeanna Scott, Barbara D. Reynolds, Theordora Ann (Teddi) Brown, Sherrie M. Allan, And Frederick L. Waters : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM TWO INTERLOCUTORY ORDERS ENTERED DECEMBER 13, 1999 AND MARCH 16, 2000 THIRD DISTRICT COURT, TOOELE COUNTY, STATE OF UTAH HONORABLE DAVID YOUNG ARGUMENT PRIORITY CLASSIFICATION 15

Floats And Ƒ/H, J. H. Lacasce

Journal of Marine Research

The sensitivity of oceanic float dispersion to f/H, where H is a spatially filtered representation of the water depth, is examined with floats from the Atlantic and Pacific oceans. The first and second moments of the displacements relative to f/H were found and compared to those for zonal and meridional displacements. In all cases, the moments relative to f/H display equal or greater anisotropy than those relative to geographical coordinates, suggesting a preferred tendency for spreading along f/H. In regions where the topography is flat (at the equator, in the …

Richard S. Swart V. State Of Utah : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM AN ORDER DENYING PETITIONER'S MOTION FOR RELIEF FROM A JUDGMENT DENYING HIS PETITION FOR POST-CONVICTION RELIEF, IN THE THIRD DISTRICT COURT OF UTAH, SALT LAKE COUNTY, THE HONORABLE FRANK G. NOEL PRESIDING

Douglas W. Dunn, Ruth E. Dunn V. Agnes Prichard, Steven Prichard, Jean S. Kump, Jean S. Kump Trust, Delbert Keith Kump, Jodi Sue Dembowski, Shirl R. Kump Estate : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Eighth Judicial District Court of Uintah County, State of Utah The Honorable John R. Anderson, District Judge

State Of Utah V. Patricia Ann Snyder : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Judgment, Sentence and commitment of the Fifth Judicial District Court in and tor Iron Count}', State of Utah, with the Honorable J. Philip Eves, District Judge, presiding.

The State Of Utah V. All Real Property, Residence & Appurtenances Located At 736 North Colorado Street, Salt Lake City, Utah 84116 : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

This is an appeal from a denial of a motion to set aside the judgment, entered in the Third District Court in and for Salt Lake County, Salt Lake Department, the Honorable Stephen L. Henriod, Judge, presiding.

State Of Utah V. All Real Property, Residence & Appurtenances Located At 736 North Colorado Street, Salt Lake City, Utah 84116 : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT OF UTAH SALT LAKE COUNTY, THE HONORABLE STEPHEN L. HENRIOD, JUDGE.

Anabasis Inc. V. Utah Labor Commission, Utah Labor Commisssion Appeals Board : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

PETITION FOR WRIT OF REVIEW OF DECISION OF UTAH LABOR COMMISSION BOARD OF APPEALS