article thumbnail

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.

article thumbnail

Atextual Conditions for Patentability and Stare Decisis

Patently O

And, in any case, these exceptions have defined the reach of the statute as a matter of statutory stare decisis going back 150 years. But unlike in the Constitutional abortion context, we have always had direct statutes guiding patent issuance and enforcement, beginning with the First Congress in 1790. Kappos , 561 U.S.

Insiders

Sign Up for our Newsletter

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

article thumbnail

A quiet bench on the Quiet Title Act: Justices hold muted debate on statute of limitations

SCOTUSBlog

Those who spoke extensively, however, seem ready to reject the government’s argument that the statute of limitations at issue here is a strict jurisdictional rule, as opposed to a “mere” claims-processing rule, which could be waived in an appropriate case. It has stare decisis effect.”

Statute 100
article thumbnail

Supreme Court likely to discard Chevron

SCOTUSBlog

Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. The question in this challenge to the rule, he said should focus on what the best reading of the statute is. Share It has been nearly 40 years since the Supreme Court indicated in Chevron v.

Court 145
article thumbnail

In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. Laws” means federal statutes, including spending clause enactments that “unambiguously” create individual rights. Background.

article thumbnail

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

SCOTUSBlog

The court asks if there is a “clear, affirmative indication” from the face of the statute that Congress intended the law to apply extraterritorially. Therefore, a party claiming that a federal statute applies extraterritorially can have essentially two bites at the apple. Has Congress directly spoken here?

article thumbnail

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

SCOTUSBlog

Minerva contends that it has a statutory right to challenge invalidity; the statute does not have any textual exceptions for patent assignors. In addition to all of the above, Hologic argues that the court should maintain the doctrine because of stare decisis. A possible middle ground. But a middle ground exists.