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RTX Scientific, Incorporated v. Nu-Calgon Wholesaler, Inc.

No. 92055285 (T.T.A.B. Mar. 22, 2013)
RTX Scientific, Incorporated v. Nu-Calgon Wholesaler, Inc.

13 Cited authorities

  1. Esposito v. Home Dept. U.S.A

    590 F.3d 72 (1st Cir. 2009)   Cited 220 times
    Holding that a co-defendant's failure to timely consent to removal "was subsequently cured when [the co-defendant] opposed [the plaintiff's] remand motion, thereby clearly communicating its desire to be in federal court."

  2. Downey v. Bob's Disc. Furniture Holdings, Inc.

    633 F.3d 1 (1st Cir. 2011)   Cited 156 times   2 Legal Analyses
    Holding that a hybrid witness whose opinion testimony arose "not from his enlistment as an expert but, rather, from his ground-level involvement in the events giving rise to the litigation" fell "outside the compass of Rule 26(B)"

  3. In re Bose Corp.

    580 F.3d 1240 (Fed. Cir. 2009)   Cited 161 times   13 Legal Analyses
    Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO

  4. Aumand v. Dartmouth Hitchcock Med. Ctr.

    611 F. Supp. 2d 78 (D.N.H. 2009)   Cited 35 times
    Ruling that, even where medical matters are concerned, a defendant does not need an expert witness to dispute the plaintiff's position on factual issues

  5. Sprague v. Liberty Mut. Ins. Co.

    177 F.R.D. 78 (D.N.H. 1998)   Cited 46 times
    In Sprague v. Liberty Mutual Ins. Co., 177 F.R.D. 78 (D.N.H. 1998), the court held that "[w]hile all experts must be disclosed under Rule 26(a)(2)(A), only `retained' experts must provide Rule 26(a)(2)(B) reports."

  6. Southard v. State Farm Fire & Cas. Co.

    4:11-cv-243 (S.D. Ga. Jan. 17, 2013)   Cited 10 times
    Finding that inadmissible portions of summary judgment affidavit were so interwoven with the rest of the affidavit that the affidavit should be excluded in its entirety

  7. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 96,222 times   664 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  8. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 46,415 times   323 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  9. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,885 times   264 Legal Analyses
    Adopting the Daubert standard

  10. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,777 times   105 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

  11. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,940 times   70 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"

  12. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,585 times   272 Legal Analyses
    Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

  13. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 146 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"