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Atextual Conditions for Patentability and Stare Decisis

Patently O

The Supreme Court in Bilski addressed this issue to some degree in the context of the non-statutory categorical bars of abstract ideas; laws of nature and natural phenomenon. And, in any case, these exceptions have defined the reach of the statute as a matter of statutory stare decisis going back 150 years. 35 U.S.C. §

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

SCOTUSBlog

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. Manufacturing Co. Formica Insulation Co. A possible middle ground. But a middle ground exists.

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Justices uphold a narrow version of patent assignor estoppel

SCOTUSBlog

” The court’s second example concerned a change in the law. If a previously valid patent becomes invalid due to a change in the law, “no principle of consistency prevents the assignor from saying so.”. In carving out this limitation, Kagan cited Mark Lemley’s influential article, “ Rethinking Assignor Estoppel.”

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

SCOTUSBlog

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Next up is Kelly v.

Statute 105
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Justices to consider international reach of U.S. trademark law

SCOTUSBlog

Share On Tuesday, the Supreme Court will consider whether federal trademark law applies to trademark infringement that takes place outside the United States. The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. In Abitron Austria GmbH v. It owns U.S.