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Federal Circuit Gives Stare Decisis Effect to a Judgment of Claim Validity

Patently O

University of Illinois Foundation (1971), the Supreme Court held that a judgment of invalidity in a suit against one infringer accrues to the benefit of any other accused infringer unless the patent owner shows that he did not have a fair opportunity procedurally, substantively and evidentially to pursue his patent claim the first time.

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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.

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Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

SCOTUSBlog

Share When he ran for president in 2016, then-candidate Donald Trump promised to nominate Supreme Court justices who would vote to end the constitutional right to an abortion. If the court were to overturn Roe and Casey , access to abortion in America would shrink dramatically and immediately. Katie Barlow).

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Two death penalty cases and free speech at animal facilities

SCOTUSBlog

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus.

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The Nigerian Court of Appeal declines to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement

Conflict of Laws

In the year 2020, the Nigerian Court of Appeal delivered at least three decisions on foreign choice of court agreements. [1] In the first two decisions delivered in the year 2020, the Nigerian Court of Appeal gave full contractual effect to the parties’ foreign choice of court agreement. [2] Introduction.

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Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

Justice Stephen Breyer’s retirement from the Supreme Court at the end of this term will mark the end of an era. Both he and Justice Ruth Bader Ginsburg — who untimely passed early in the 2020-21 term — shared similar ideological perspectives, approaches to judicial review, and paths to the Supreme Court. Like Blackmun in Roe v.

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Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

Jackson Women’s Health Organization , the Court’s most watched case this term on abortion rights. The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law.