- Journal Archives
- Volume 16
- Volume 15
- Volume 14
- Volume 13
- Volume 12
- Volume 11
- Volume 10
- Volume 9
- Volume 8
- Volume 7
- Volume 6
- Volume 5
- Volume 4
- Volume 3
- Volume 2
- Volume 1
Currently viewing the tag: "Supreme Court of the United States (SCOTUS)"
Less than a month ago, the Supreme Court reversed the Federal Circuit’s en banc decision in Teva v. Sandoz, holding that the Court of Appeals must apply a “clear error” standard of review to all factual findings made in patent claim construction. The proper standard of review has been hotly debated for sometime, [...]Continue Reading →
On October 15, 2014 By Emily Gabranski October 15, 2014
On July 9, 2014 By Richard Saunders July 9, 2014
On June 23th, the Supreme Court handed down one of the most highly anticipated securities litigation opinions in recent memory. Halliburton II brought the fraud-on-the-market theory, the linchpin of securities class actions, squarely in front of the Court. For months, excerpts from various other Court opinions suggested the theory was ripe [...]Continue Reading →
On July 1, 2014 By Daniel Rheiner July 2, 2014
The United States Supreme Court recently decided Riley v. California. Two separate Amici Curiae briefs petitioning for Writ of Certiorari (available here and here) cited a note published by the Vanderbilt Journal of Entertainment and Technology, continuing the journal’s impressive rise to the [...]Continue Reading →
On June 20, 2014 By Morgan Morrison June 18, 2014
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 [...]Continue Reading →
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 [...]Continue Reading →
Last week, in a 6-3 decision, the Supreme Court ruled that Paula Petrella could sue MGM for copyright infringement–more than 30 years after Raging Bull hit the cinema and won two Academy Awards, including Best Actor (Robert De Niro). Petrella’s father collaborated with boxer Jake LaMotta on two screenplays and a book that was [...]Continue Reading →
Is software patentable? This simple question, despite over 40 years of judicial wrestling, remains unanswered. Many in the business world are hostile to software patents. After all, much of the vibrant software startup culture seems to operate just fine in an atmosphere of uncertainty. For example, just last month, Facebook acquired software startup [...]Continue Reading →
On February 21, 2014 By Elizabeth Mulkey January 14, 2015
In child abuse and molestation cases, the prosecution’s main (and sometimes only) witness is often the child victim. Prosecutors need the testimony of these victims to get convictions. But the experience of testifying in front of a former abuser can be deeply traumatic for child witnesses, causing emotional and psychological trauma.
Fortunately, [...]Continue Reading →
On February 19, 2014 By Zachary Loney January 14, 2015
In less than two weeks, the Supreme Court will hear the first patent case of this session, which raises the question of when to award attorney’s fees in patent cases under 35 U.S.C. § 285. The statute provides for the award of attorney fees only in “exceptional cases.” Under the rule established in Brooks [...]Continue Reading →
Recent Blog Posts
- Obama’s Cybersecurity Executive Order: Private Sector Must Help Police the “Wild West”
- Qualcomm Settlement May Reconfigure the Smartphone Market in China
- Who Rightfully Owns the Village People’s YMCA?
- Internet Elections Regulation: Another Pie in the Partisan Food Fight?
- Great Artists Steal? A Music Theory Thought Experiment & a Worry about the Litigation of Popular Music
- What to Expect After Teva v. Sandoz?
Tagsadvertising antitrust Apple books career celebrities contracts copyright copyright infringement courts creative content criminal law entertainment Facebook FCC film/television financial First Amendment games Google government intellectual property internet JETLaw journalism lawsuits legislation media medicine Monday Morning JETLawg music NFL patents privacy progress publicity rights radio social networking sports Supreme Court of the United States (SCOTUS) technology telecommunications trademarks Twitter U.S. Constitution