In MedImmune, the Supreme Court continues to assert its authority in patent law by allowing patent licensees to file declaratory judgments of patent invalidity and unenforceability against the licensors, even though the licensee is still paying royalties under a license. MedImmune may also indicate the Supreme Court's direction in future...
There has been a recent Supreme Court decision that has far reaching implications for banks acting as secured lenders in cases arising under the "cramdown" provisions of the Bankruptcy Code. In Till v. SCS Credit Corp., decided on May 17th, the Supreme Court considered the issue of what interest rate...
This paper speaks about Supreme Court Exchange who is a new online multi-player game that tests players' skill in predicting the outcome of pending Supreme Court cases, by applying the metaphor of portfolio investment management.
Wondering whether the Supreme Court has changed course in movement toward immunization of state governments from federal employment laws, employment lawyers are reviewing the Supreme Court's May 27 decision in Nevada Department of Human Resources v. Hibbs. By a 6-3 vote, the Court affirmed a Ninth Circuit ruling that the...
What type of evidence must a plaintiff present in a “mixed-motive” case in order for the judge to instruct a jury that a claim of sex discrimination has been made? This was the issue before the U.S. Supreme Court on June 9, 2003, in Desert Palace Inc. DBA Caesars Palace...
In a surprising turn, the U.S. Supreme Court ruled on May 27 that states are not immune from employee lawsuits for violating their rights under the Family and Medical Leave Act FMLA (Nevada Department of Human Resources v. Hibbs, No. 01-1368 (5/27/03)). The 6-3 ruling rejecting state immunity from FMLA...
Many reading this paper might question why a long-term employee with approximately eight years' experience in performing essentially the same type of work would suddenly become troublesome. Did the employee see operative procedures, which disturbed him and which compelled him to complain? Usually appellate courts, such as the Supreme Court...
In its preamble to the Rules of Professional Conduct, the Supreme Court of Illinois stated that the practice of law is a public trust. Lawyers are responsible for maintaining the competence and integrity of the profession, for improving the legal system so that it meets the needs of society and...
"Since Supreme Court review is essentially discretionary, it is increasingly rare for the Court to hear an argument concerning Intellectual Property rights. However, the Supreme Court will critically review cases that belong in one of the four distinct categories. These include cases in which: (1) lower court decisions conflict,...
"The paper explains that the impact of the Extension Law is to maintain protection for a relatively few but lucrative works for an additional 20 years, and to necessitate often substantial efforts in clearing rights to utilize many mid-20th Century and older works. In the same context the paper...
The Supreme Court makes another attempt to strike a balance between protecting an inventor’s patent rights and ensuring adequate notice to the public of what constitutes patent infringement. This paper discusses the Supreme Court ruling in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. and its foreseeable effects on...
In Dastar v. Twentieth Century Fox case, the United States Supreme Court speaks directly on the issue of unaccredited copying of an un-copyrighted work. The case emphasized the distinction between copyright and trademark protections. It also cautioned against misuse or over-extension of trademark protections into areas traditionally covered by copyright...
This article gives an overview of the relevant Illinois Supreme Court Rules, which is necessary in order to properly examine the extent, to which the insurer’s claim file may be discoverable in a first-party property insurance lawsuit. It explains that a blanket request for the production of an insurer’s claims...
The article talks about the purposes of these rules are to establish a procurement policy for the Judicial Branch, allow for the continued development of procurement policies and practices for the Arizona Judicial Branch, make as consistent as possible the procurement policies and practices among the various courts operating under...
Efforts by the Ohio business community and the Ohio General Assembly to promote safe, drug-free workplaces for employees recently suffered a major setback as the result of another controversial 4-ruling from the Supreme Court of Ohio. This latest decision comes in the area of workers’ compensation, and it relates to...
The difficulty with indecency in the media is that while adults have a First Amendment right prohibiting laws from abridging their freedom of speech, the United States Supreme Court has acknowledged the government has a compelling interest in trying to protect minors from harmful speech. The Supreme Court has "long...
The article says that before you approve or deny another leave request, check this all-in-one handbook that explains how to comply with every major federal and state law affecting employee leave. This invaluable tool will help you develop a solid understanding of the legal obligations related to leave and navigate...
In the last decade, the United States Court of Appeals for the Federal Circuit and the United States Supreme Court ruled on several cases that greatly affect the applicability of the doctrine of equivalents, a longstanding equitable doctrine utilized in patent infringement lawsuits. The doctrine of equivalents permits a patent...
On May 30, 2002 the Texas Supreme Court rendered an opinion in King v. Dallas Fire Ins. Co., 2002 WL 1118438 (Tex. 2002). The court, in a unanimous opinion, held that coverage existed for derivative liability claims against an employer, where the employee's conduct was intentional. This article explores the...
Paper deduces that on May 28, a unanimous Supreme Court addressed the conditions under which prosecution-history estoppel bars a patent owner from using the doctrine of equivalents where the patent applicant, during prosecution, narrowed a claim limitation to obtain the patent. The principal limitation on the use of the doctrine...
