Currently viewing the tag: "Supreme Court of the United States (SCOTUS)"

More often than not, it takes years (if not decades) for the significance of a Supreme Court decision to come to light. This was not the case when the Court handed down its decision in Murphy v. NCAA this past May.  Immediately following the declaring of the Professional and Amateur Sports Protection Act (PASPA) as [...]

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May It Please the Court…and Facebook?

On March 24, 2018 By mtgalloway

On February 7, 2018, Florida made history as the first state supreme court to live stream its oral arguments on Facebook.

Florida’s state courts have a history of being early adopters of new technology and its role in the courtroom.  While not the first to permit electronic media coverage of court [...]

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A constitutional question is currently sitting in the Supreme Court: to what extent can Congress control state legislation? Can they control state legislation when a state lets its residents bet on sports?

In 1992, Congress passed the Professional and Amateur Sports Protection Act (PAPSA). PAPSA prohibits state-sanctioned sports betting, except in Nevada, Oregon, Montana, [...]

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Absent an act of Congress, the fate of “net neutrality” could be settled soon—or at least for the time being. Legal challenges to the Federal Communication Commission’s 2015 “Open Internet Order,” which required broadband Internet service providers to treat all Internet traffic the same regardless of its source, would vacate the regulations if the [...]

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Anyone who has travelled by airplane over the last decade knows one thing to be true: security can be a drag. But you may not know that customs agents may search more than just your luggage at the border. In the wake of 9/11, the Department of Homeland Security implemented a policy which allowed it [...]

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In November, the Supreme Court will hear argument on whether Inter Partes Reviews (IPRs), one of the most influential changes of the American Invents Act, are an unconstitutional taking of property.  IPRs are a post-issuance review of patent validity before the Patent Trial and Appeal Board (PTAB). This administrative trial before a panel of [...]

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On Monday, March 27, 2017, the Supreme Court heard arguments from parties in one of the most important patent cases in years, TC Heartland v. Kraft Foods Group Brands LLC. The case originated in the United States District Court for the District of Delaware before making its way to the Federal Circuit, [...]

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To paraphrase the old riddle, when is monopolistic behavior not monopolistic behavior? This question had been argued in federal courts often; yet, when confronted with this riddle, the federal judiciary had reached inconsistent results. In 2013, with its holding in FTC v. Actavis, 570 U.S. ____ (2013), the Supreme Court believed it laid out a [...]

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What to Expect After Teva v. Sandoz?

On February 18, 2015 By Emily Gabranski

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, [...]

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The Supreme Court could have another opportunity to review an IP case decided by the U.S. Court of Appeals for the Federal Circuit.

Last week Google filed a petition for certiorari seeking to overturn the Federal Circuit’s decision in Oracle America v. Google, which found [...]

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