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Patent Law at the Supreme Court February 2022

Patently O

Qualcomm , a case focusing on appellate standing following an IPR final written decision favoring the patentee. The statute indicates that any party to an IPR final-written-decision has a right to appeal. Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury.

Laws 95
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Supreme Court Upholds Ban on Encouraging Illegal Immigration

Constitutional Law Reporter

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. In United States v. Hansen , 599 U.S. _ (2023), the U.S.

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In far cry from usual textualism, court rejects veteran’s attempt to reopen a benefits denial based on legal error

SCOTUSBlog

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

Statute 106
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SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Constitutional Law Reporter

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

Statute 52
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Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

ClimateChange-ClimateLaw

The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. Berkeley’s so-called “natural gas ban” was the first local ordinance in the country to effectively require all-electric construction of new buildings.

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Supreme Court Holds FBAR Penalties Are Calculated Per Report

Constitutional Law Reporter

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation. .

Court 59
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Supreme Court will decide — again — how striking enhancements affects plea bargains [Updated]

At the Lectern

Hernandez , which concerns the circumstances under which the prosecution may withdraw from — or a superior court may withdraw its approval of — a plea agreement when new legislation leads to the striking of a sentence enhancement. Last year’s Supreme Court decision in People v. In People v.

Court 49