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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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Clarence Thomas: “When Someone Uses Stare Decisis that Means They’re Out of Arguments”

JonathanTurley

Associate Justice Clarence Thomas made an interesting comment this weekend about the hold of precedent on the Court. Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. I have long questioned the weight given stare decisis in constitutional cases.

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Word of the Month for August 2019: Stare Decisis

Legal Research is Easy

Thing is, these days law and the decisions courts hand down are very much like that. People go to one court, don't get what they want so they go to another court asking for, basically, the same thing. Of course, this brings us to our word of the month: STARE DECISIS. Schempp , 374 U.S.

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India Supreme Court allows petition of 2002 communal riots victim

JURIST

The Supreme Court of India allowed a petition by Bilkis Bano on Monday against the premature release of convicts involved in the 2002 Gujarat communal riots. The court concluded that the writ petition filed under Article 32 of the Indian Constitution by Bano is maintainable.

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US dispatch: ‘independent state legislature’ theory raised by Moore v. Harper threatens US election administration

JURIST

On Wednesday, December 7, the US Supreme Court will hear oral arguments in a case involving a fringe legal idea called the independent state legislature theory that poses a threat to the current system of election administration in the United States. The North Carolina General Assembly immediately appealed that ruling.

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

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court granted review on a case raising the question whether Andy Warhol paintings made using a copyrighted photograph were so “transformative” as to be a non-infringing “fair use.” Case in point: Texas v.

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Another look at qualified immunity

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Dennis noted that the Supreme Court had only recently in Taylor v. Cope now seeks Supreme Court review, supported by three amicus briefs. A short explanation of relists is available here.