OLSON

v.

UNITED STATES

Citator

Cited By (13 total)

• United States ex rel. Nathaniel Simmons v. Gramley, 915 F.2d 1128 (7th Cir. 1990)
  …ense are “mixed questions of law and fact,” Strickland, 466 U.S. at 698, 104 S.Ct. at 2070, and therefore subject to our independent review. Balfour v. Haws, 892 F. 2d at 563-64; United States v. Olson, 846 F. 2d 1103, 1107 (7th Cir.), cert. denied, 488 U.S. 850, 109 S.Ct. 131, 102 L.Ed.2d 104 (1988). We consider a claim of ineffective assistance of counsel by examining “the totality of the circumstances, ever mindful of the fact that there exists a strong presumption that counsel rendered reasonably effect…
• Manville Sales Corp. v. Paramount Sys., Inc., 917 F.2d 544 (Fed. Cir. 1990)
  …close it to the examiner. “However, materiality does not presume intent, which is a separate and essential component of inequitable conduct.” Allen Organ Co. v. Kimball Int’l, Inc., 839 F. 2d 1556, 1567, 5 USPQ2d 1769, 1778 (Fed.Cir.), cert. denied, 488 U.S. 850, 109 S.Ct. 132, 102 L.Ed.2d 104 (1988). Appellants must show by clear and convincing evidence that Manville acted inequitably by intending to mislead or deceive the PTO. The district court found that no such showing has been made. As we noted in He…
• United States v. Mazzanti, 925 F.2d 1026 (7th Cir. 1991)
  …going reasons, we affirm the judgment of the district court. AFFIRMED. . See Fed.R.Crim.P. 33. . See also, e.g., United States v. Leibowitz, 919 F. 2d 482, 484 (7th Cir.1990); United States v. Olson, 846 F. 2d 1103, 1112 (7th Cir.), cert. denied, 488 U.S. 850, 109 S.Ct. 131, 102 L.Ed.2d 104 (1988). In several recent cases, panels in this circuit have criticized or modified the Larri-son test. See, e.g., Leibowitz, 919 F. 2d at 485 (contending that third prong of Larrison test is dictum); United States v.…

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