article thumbnail

Upcoming Supreme Court Oral Arguments in IP & Tech Cases

Patently O

Hetronic (Extraterritorial application of US Trademark Law — damages from foreign sales). The question is whether his intent (mens rea) matters, or can he be convicted based only upon the reasonably perceived threat of the recipient.). Although not a patent case, this issue comes up all the time in patent litigation).

article thumbnail

Argument analysis: Justices doubt FTC’s authority to compel monetary relief

SCOTUSBlog

The case involves Section 13 of the Federal Trade Commission Act, which allows the FTC to seek an “injunction” against a business that “is violating, or is about to violate, any provision of law enforced by [the FTC].” It seems that what you’re doing here is using it for something that has already happened.”

Mens Rea 112
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

At the Supreme Court, Romag argued that requiring willfulness for a profits award “flouts the plain text of section 35(a) and undermines the broader policies of the Lanham Act,” and is a “serious misinterpretation of federal law” that should not be allowed to stand. The Court found the argument intriguing but problematic.

article thumbnail

Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

SCOTUSBlog

The government, in turn, focuses on the structure of the CSA — the words denoting mens rea, “knowingly or intentionally,” come after the exception clause at issue and so, the government argues, do not apply to it.

article thumbnail

No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

FDA Law Blog

While the authors did a yeoman’s job of combing through the criminal cases to identify what they view as a “handful” of cases and call for increased use of the Park doctrine, we at the FDA Law Blog respectfully disagree. The editorial conflates a number of distinct but related principles of law and federal prosecution.

article thumbnail

Detailed Analysis of POCSO Act, 2012

LexForti

Teesha Deb (National Law University, Orissa). The author is associated to the National Law University, Orissa. Before establishment of this statute, there was the absence of any special law which could be entirely designated for the offenses perpetrated against minors. INTRODUCTION. These are all examples of such situations.

Statute 52