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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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Atextual Conditions for Patentability and Stare Decisis

Patently O

USPTO (Supreme Court 2022) focuses the question of whether COURTS have power to create non-statutory patentability doctrines. That patent finally issued in 2018–only after SawSafe filed a civil action and received a court-judgment in its favor. by Dennis Crouch. The new petition in SawStop v. 2016 Decision ]. 593 (2010).

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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. Arguments of HHC.

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Court to decide whether an inventor may challenge the validity of the patent on the inventor’s own invention

SCOTUSBlog

Share This Wednesday, the Supreme Court will hear oral argument in Minerva Surgical Inc. The doctrine stems from the common-law principle that one who sells property to another generally should not be able to undermine the value of the property by later challenging the rights the seller conveyed in the first place. Hologic Inc.

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Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

Supreme Court heard oral arguments in one of the term’s most closely-watched cases. However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law.

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Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

Supreme Court heard oral arguments in one of the term’s most closely-watched cases. However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law.

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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. In an unsigned opinion, the court ruled that Terence Andrus had demonstrated that his lawyer provided deficient performance at sentencing for failing to investigate or introduce mitigating evidence.