Patently O

JULY 6, 2022

And, in any case, these exceptions have defined the reach of the statute as a matter of statutory stare decisis going back 150 years. Section 101 reads: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, … may obtain a patent therefor.” Kappos , 561 U.S. 593 (2010).

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SCOTUSBlog

APRIL 20, 2021

Manufacturing Co. In addition to all of the above, Hologic argues that the court should maintain the doctrine because of stare decisis. Federal courts have applied this doctrine since 1880, and the Supreme Court implicitly approved of the doctrine in 1924 in Westinghouse Electric. Formica Insulation Co. A possible middle ground.

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Stare Decisis Court Statute Government 109

SCOTUSBlog

JULY 1, 2021

In reaching this holding, the majority expressly did not rely on stare decisis and therefore did not expressly decide whether to overrule Westinghouse Electric Manufacturing Co. To resolve this dispute, the court sent the case back to the lower courts, which had not ruled on the issue. Formica Insulation Co. ,

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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. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”.

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Statute Stare Decisis Court Manufacturing 104

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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Patently O

OCTOBER 4, 2021

285 (1907), this Court held that a patent-infringement judgment establishing the right of a manufacturer to make and sell a product includes “the right to have others secure in buying that article, and in its use and resale.” In Kessler v. Eldred , 206 U.S. Rubber Tire Wheel Co. Goodyear Tire & Rubber Co. , 413, 418 (1914).

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