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

Patently O

Stare decisis, Latin for “to stand by things decided,” is a legal principle that directs courts to adhere to previous judgments, i.e., precedent, when resolving a case with comparable facts. the Federal Circuit applied stare decisis to a prior validity ruling involving a different patent and a different accused infringer.

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Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.

SCOTUSBlog

Taking a different approach, Justice Clarence Thomas pointed out that the Patent Act does not mention claim preclusion or issue preclusion, but those doctrines nevertheless bar certain arguments in patent litigation. Wolf principally argued that stare decisis justifies maintaining the doctrine. Matthew Wolf argued for Hologic.

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

JonathanTurley

Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. Thomas told an audience that “I always say that when someone uses stare decisis that means they’re out of arguments. That was one of the central arguments in favor of preserving Roe.

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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. The kicker is that unlike parents (who, hopefully, are on the same page and the kid realizes that it's unlikely dad will overrule mom), it is critical that courts make the same rulings over and over so that people know how law will be applied.

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India Supreme Court allows petition of 2002 communal riots victim

JURIST

However, the court has kept open whether other writ petitions filed as public interest litigation (PIL) challenging the remission orders are maintainable for future appropriate cases. Hence, Bano was not obligated to file a writ petition under Article 226 before the Gujarat State High Court.

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

JURIST

Marisa Wright is a US National Correspondent for JURIST, and a 2L at Harvard Law School. . Instead, it refers more broadly to any individual or body that possesses some part of the power to make laws within a state — what the Court referred to as the ‘legislative power.’” Arizona Independent Redistricting Commission (2015).

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Collateral Estoppel Beats Precedent Every Time

Patently O

Another important feature of collateral estoppel is that it applies to both issues of fact and law. Although some courts have disagreed on this point, precedent is only binding for questions of law. Uniloc has a litigation financing relationship with Fortress with the patents serving as collateral for the deal. Uniloc v. .”