SCOTUSBlog
JULY 1, 2021
Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine. Formica Insulation Co. ,
SCOTUSBlog
APRIL 15, 2021
For the court to overrule Smith now, it would have to overcome the stare decisis effect of both Smith and Boerne. retail stores, manufacturing facilities). Alternatively, adopting the most-favored-nation theory in Fulton would also have profound impacts and call into question Boerne.
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SCOTUSBlog
APRIL 20, 2022
McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of the state’s registration statute for foreign corporations. 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. Goertz , 21-442.
Patently O
OCTOBER 4, 2021
Claim Preclusion (res judicata) prevents a party from re-litigating a claim once a court has issued a final judgment on that claim. Claim preclusion is powerful, in part, because it does not require the claim to be actually litigated (just be subject to the final judgment). Eldred , 206 U.S. 285 (1907). Eldred , 206 U.S. 285 (1907).
SCOTUSBlog
MARCH 20, 2023
The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. Citing an academic article by then-professor Amy Coney Barrett, Abitron further suggested that the Steele case should be overruled outright notwithstanding the principle of statutory stare decisis.
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