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

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

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 [...]

Continue Reading

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

The Copyright War Rages On

On May 29, 2014 By Chastity Bobo

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

Software Patents at the Supreme Court

On March 30, 2014 By Parker Hancock

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

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, many [...]

Continue Reading

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

The issue of reverse payment settlements (or pay-for-delay settlements) in pharmaceutical patent infringement suits could potentially work its ways back up to the Supreme Court. The Court recently settled a deeply divided circuit split over the legality of such settlements in FTC v. Actavis, 133 S.Ct. 2223 (2013). In Actavis, the Court held that [...]

Continue Reading