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Justices uphold a narrow version of patent assignor estoppel

SCOTUSBlog

Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine. Formica Insulation Co. ,

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A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

SCOTUSBlog

Similar constitutional challenges have been brought against a range of California laws governing subjects from foie gras to low-carbon fuel , but despite a relist or two along the way, the court has taken none of them. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. New Relist.

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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

Instead, the Georgia Supreme Court upheld “general jurisdiction” over Cooper on the ground that Cooper, by registering as a foreign corporation in Georgia, had consented to suit in Georgia as a condition of doing business in the state. The government has filed a confession of error, agreeing the offense does not qualify.

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

SCOTUSBlog

Wednesday’s argument in Dobbs , which involves a Mississippi ban on almost all abortions after the 15th week of pregnancy, comes 30 days after the court heard arguments in another consequential abortion controversy: a pair of challenges to a six-week abortion ban that took effect in Texas on Sept. Stare decisis and the Kavanaugh test.

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Stephen Breyer, pragmatic liberal, will retire at end of term

SCOTUSBlog

Breyer’s penchant for pragmatism was on full display in his 2014 opinion for the court in National Labor Relations Board v. He explained that the purpose of the recess appointments clause is to ensure that the government can operate even if the Senate is not in session to confirm nominees, so it doesn’t matter what label the session carries.

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