HILLVIEW ESTATES, LTD.
v.
MO-CON VENTURES, INC., ET AL.

U.S. | 1989-05-15
No. 88-1557
490 U.S. 1067 Supreme Court of the United States (1989) Positive Treatment
Cited by 2 cases

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    …gment has been entered. 15 C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 3844 at 334-35 (1986). Once transferred, the action retains its procedural identity. Danner v. Himmelfarb, 858 F. 2d 515, 521 (9th Cir.1988), cert. denied, 490 U.S. 1067, 109 S.Ct. 2067, 104 L.Ed.2d 632 (1989). The transferee court’s powers are coextensive with those of the transferor court; it may issue any order or render any judgment that could have been made in the transferor court had the transfer never taken p…
  • Wang Labs., Inc. v. Toshiba Corp., 993 F.2d 858 (Fed. Cir. 1993)
    …witnesses, and (5) without substituting [our] choice for that of the jury between conflicting elements in the evidence. Dana Corp. v. IPC Ltd. Partnership, 860 F. 2d 415, 417, 8 USPQ2d 1692, 1694-95 (Fed.Cir.1988) (citations omitted), cert. denied, 490 U.S. 1067, 109 S.Ct. 2068, 104 L.Ed.2d 633 (1989). II. Obviousness Toshiba and NEC argue that the claims in suit are invalid for obviousness under 35 U.S.C. § 103 (1988).8 Specifically, they state that the claimed subject matter would have been obvious in v…

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