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Legal News
23 Jun 2015
by Brittany Felder

[JURIST] The US Supreme Court [official website] on Monday ruled [opinion, PDF] 6-3 in Kimble v. Marvel Entertainment [text, PDF] that patent holders still cannot charge royalties after the expiration of a patent. The decision, written by Justice Elena Kagan [offical profile], reaffirmed the court's holding in Brulotte v. Thys … [read more]


Legal News
27 May 2015
by Valerie Howell

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Tuesday in Commil USA, LLC., v. Cisco Systems, Inc. [SCOTUSblog materials] that a "good faith" belief of a patent's invalidity is not a defense to a claim of induced patent infringement under 35 USC §271(b) [text]. Commil USA, which holds … [read more]


Legal News
19 May 2015
by Alexandra Farone

[JURIST] The US Court of Appeals for the Federal Circuit [official website] on Monday affirmed [opinion, PDF] Apple's smartphone patent victory against Samsung but remanded the case to the lower court to reduce the damages that must be paid to Apple [corporate websites]. The court upheld the district court's determination … [read more]


Legal News
31 Mar 2015
by Bradley McAllister

[JURIST] The US Supreme Court [official website] heard oral arguments in two cases regarding federal patent law on Tuesday. In Commil USA, LLC v Cisco Systems, Inc. [transcript, PDF], the court must decide whether the federal circuit erred in holding that a defendant's belief that a patent is invalid constitutes … [read more]


Legal News
25 Mar 2015
by Bradley McAllister

[JURIST] The US Supreme Court on Tuesday held [opinion, PDF] in a 7-2 decision that a ruling from the Trademark Trial and Appeal Board (TTAB) [official website] may be sufficient to establish issue preclusion in a patent dispute. The case of B&B Hardware, Inc. v. Hargis Industries, Inc. [SCOTUSblog docket] … [read more]


Professional Commentary
6 Feb 2015
by Raymond J. Toney of Law Offices of Raymond J. Toney

JURIST Guest Columnist Raymond J. Toney of the Law Offices of Raymond J. Toney discusses recent changes to the US military's records review process ...Since the 1989 decision of the US Court of Appeals for the District of Columbia Circuit in Kreis v. Secretary of the Air Force, in which … [read more]


Legal News
20 Jan 2015
by Bradley McAllister

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 7-2 Tuesday that appellate review of factual matters in a patent dispute must apply the clear error standard of review, not a de novo standard. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. [docket], the court held that the US … [read more]


Legal News
16 Jan 2015
by Emelina Perez

[JURIST] Four tech companies, including Apple and Google [corporate websites] reached a $415 million settlement [motion, PDF] Thursday in a class action lawsuit claiming the companies unlawfully agreed to reduce employee compensation and mobility. The lawsuit was filed against Apple, Google, Intel Corporation and Adobe Systems [corporate websites] by former … [read more]


Legal News
13 Jan 2015
by Laura DeGeer

[JURIST] The European Parliament [official website] on Tuesday approved legislation [press release] that gives governments increased power in deciding whether to "restrict or ban the cultivation of" genetically modified organisms (GMOs). The new legislation has come "in response to Europeans' growing concerns about GMOs," and is aimed at "further reducing … [read more]


Legal News
12 Dec 2014
by Jaclyn Belczyk

The US Supreme Court [official website] granted certiorari [order list, PDF] Friday in four cases. In Bullard v. Hyde Park Savings Bank [docket; cert. petition, PDF] the court will decide whether an order denying confirmation of a bankruptcy plan is appealable. The US Court of Appeals for the First Circuit … [read more]


Legal News
8 Dec 2014
by Peter Snyder

[JURIST] The US Supreme Court [official website] agreed last Friday to add three cases [order list, PDF] to the docket for the upcoming term. The first case, Walker v. Texas Division, Sons of Confederate Veterans, Inc. [cert. petition, PDF] involves state-issued specialty license plates and whether the First Amendment's free … [read more]


Legal News
4 Dec 2014
by Bradley McAllister

[JURIST] The US Supreme Court [official website] heard oral arguments Wednesday in two cases. In Young v. United Parcel Service [transcript, PDF] the justices considered whether the Pregnancy Discrimination Act [EEOC backgrounder] requires an employer that provides work accommodations to non-pregnant employees with work limitations to provide work accommodations to … [read more]


Legal News
11 Nov 2014
by Steven Wildberger

[JURIST] European Union [official website] politicians on Tuesday approved [press release] a plan [EU backgrounder] allowing nations to ban genetically modified organisms (GMOs) on their soil. The plan, a compromise reached in June, gives national governments the final say in deciding on the use of EU-approved GMOs. Parliament's Committee on … [read more]


Legal News
5 Nov 2014
by Taylor Gillan

[JURIST] Colorado voters on Tuesday rejected Proposition 105 [text, PDF], a measure that would have required companies to label foods containing genetically modified organisms (GMOs). According to preliminary results, the measure received only about 32 percent voter approval, with 68 percent opposed [Reuters report]. Supporters of the measure argued [Denver … [read more]


Legal News
17 Sep 2014
by William Helbling

[JURIST] The US Court of Appeals for the Federal Circuit [official website] on Tuesday overturned [opinion, PDF] an order requiring Apple [corporate website] to pay $368.2 million to VirnetX Holding Corp. in a patent dispute. The case was originally heard in the US District Court for the Eastern District of … [read more]


Legal News
11 Sep 2014
by Peter Snyder

[JURIST] The US Court of Appeals for the Eleventh Circuit [official website] on Wednesday upheld the dismissal [opinion, PDF] of a consolidated lawsuit brought against various tobacco companies. The 750 consolidated individual cases included:588 personal injury cases filed on behalf of purportedly living cigarette smokers who, as it turns out, … [read more]


Legal News
9 Sep 2014
by Ann Schober

[JURIST] The Federal court of Australia [official website] has upheld [judgment] a ruling allowing US-based genetic testing company Myriad Genetics [corporate website] to retain its patent for genetic material (DNA and RNA) it has isolated from human cells. Patient advocacy group Cancer Voices Australia (CVA) [advocacy website] appealed a February … [read more]


Legal News
3 Sep 2014
by William Helbling

[JURIST] A judge for the US District Court for the Northern District of California [official website] on Tuesday approved [judgment, PDF] a settlement between federal antitrust authorities and eBay [corporate website] over allegations that eBay agreed to not to poach employees from rival companies. Judge Edward Davila presided over the … [read more]


Academic Commentary
31 Aug 2014
by Lauren Carasik of Western New England University School of Law

JURIST Guest Columnist Lauren Carasik of Western New England University School of Law discusses what appears to be the politically motivated charges against former president Jean Bertrand Aristide of Haiti ... The latest chapter in a long series of preliminary legal actions against Haitian President Jean-Bertrand Aristide has generated a … [read more]


Legal News
28 Aug 2014
by Peter Snyder

[JURIST] Judge Lucy Koh [official profile] of the US District Court for the Northern District of California [official website] on Wednesday denied a request by Apple for a permanent injunction barring Samsung Electronics [corporate websites] from selling products that infringe on Apple's patents. The Cupertino based tech company had sought … [read more]

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