Currently viewing the tag: "SCOTUS"

Two recent Supreme Court cases abrogated § 2(a) of the Lanham Act, which prohibited the registration of trademarks that were disparaging, immoral, or scandalous. While the Supreme Court justified the death of § 2(a) on the grounds of free speech, it has also opened up a new problem for Native American communities. § 2(a) was […]

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Naturally occurring or mind-made?

On October 14, 2015 By

What’s the difference between the manifestation of an idea and the creative expression of the idea?  About 80 years of legal protection, according to Home Legend LLC, a recent petitioner to the Supreme Court.  Home Legend filed for certiorari on July 24, seeking review of an Eleventh Circuit decision that granted copyright protection to […]

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Naturally Occurring or Mind-made?

On August 12, 2015 By

What’s the difference between the manifestation of an idea and the creative expression of the idea?  About 80 years of legal protection, according to Home Legend LLC, a recent petitioner to the Supreme Court.  Home Legend filed for certiorari on July 24, seeking review of an Eleventh Circuit decision that granted copyright protection to […]

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The United States Supreme Court recently decided Riley v. California. Two separate Amici Curiae briefs petitioning for Writ of Certiorari  (available here and herecited a note published by the Vanderbilt Journal of Entertainment and Technology, continuing the journal’s impressive rise to the […]

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The Eleventh Circuit handed down a groundbreaking decision this past week, holding in United States v. Davis that the Fourth Amendment protects information about a person’s cell site data.

Cell site data reveals a cellphone’s physical address at call origination, duration, and termination. In Davis, that information was provided […]

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Supreme Court Considers Claim Construction

On June 5, 2014 By

Two weeks ago the Supreme Court consented to the filing of amicus briefs in the Teva v. Sandoz case. This case will resolve the split in the Federal Circuit over the standard of review for patent claim construction. This is a good time to review the prior case law and the existing standard […]

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