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

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 [...]

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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 [...]

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Monday Morning JETLawg

On February 3, 2014 By Bradlee Edmondson

 

Surveillance:

Tech companies win the right to report government data requests (like national security letters) in greater detail. Rand Paul plans on taking his lawsuit against the NSA to the Supreme Court. [via The Hill] The NSA hires its first Privacy and Civil Liberties Officer. [via SANSSC Magazine]

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Monday Morning JETLawg

On January 27, 2014 By Bradlee Edmondson

Patent Eligibility Symposium Wrap-Up

On Friday, Jan. 24, 2014, JETLaw hosted its 2013-2014 symposium, Patents 101: From Computer Code to Genetic Codes, focusing on what, exactly, is eligible for patent protection. Chief Judge Randall Rader of the Federal Circuit delivered the keynote address, and panels addressed software patents, gene patents, and principles of patent [...]

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Alice Corp. Pty. Ltd. v. CLS Bank International

In 2005, the Australian company Alice Corp. Pty. Ltd. filed a patent application with the US Patent and Trademark Office for a method of reducing financial risk by ensuring, through “data processing systems” and third-party exchanges, that counterparties make good on their obligations. In 2010, [...]

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Monday Morning JETLawg

On October 14, 2013 By Bradlee Edmondson

Privacy & Social Media:

California creates a minor’s right to be forgotten online. (In contrast, the EU Court of Justice found in June that EU law contains no general right to be forgotten.) [H/T Privacy, E-Commerce & Data Security's Summer 2013 Newsletter (PDF)] Google may be getting ready to use your [...]

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Pharmaceutical companies, the Federal Trade Commission, and antitrust and intellectual property attorneys waited with bated breath for the Supreme Court’s monumental decision on the legality of reverse-payment settlements, announced in FTC v. Actavis. On June 17, 2013, everyone got their answer… or did they?

What happened?

In March, this blog outlined [...]

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Monday Morning JETLawg

On June 17, 2013 By Bradlee Edmondson

In the Ninth Circuit, Google argues that the Wiretap Act does not prohibit interception of unencrypted wireless transmissions. The Supreme Court unanimously rules in Myriad that isolated DNA is not patentable, while cDNA is. [H/T PatentlyO; SCOTUSBlog] Monsanto keeps farmers who were worried about inadvertent infringement out of court. [...]

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