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Patent Puzzles after the Supreme Court’s 2024 Administrative Law Cases: Stare Decisis, Rulemaking, and Discretion

Patently O

Although these decisions may not have as significant an impact in patent law as in other areas, they do pose interesting puzzles with respect to stare decisis as well as agency rulemaking and discretion that will provide many litigation opportunities going forward. Liquidia Technologies, where UTC has filed a petition for certiorari.

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In back-to-back cases, justices will scrutinize traditional limits on challenges to agency proceedings

SCOTUSBlog

The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. The general federal jurisdiction statute ( 28 U.S.C. Axon has been mired in FTC investigations and proceedings since it purchased a competitor in 2018.

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Emergency Appeal of the Apple Watch Ban

Patently O

With no action from the White House, Apple now faces a federal government order to halt imports and sales of Apple Watch Series 9 and Ultra 2 devices because it incorporates light-based pulse oximetry technology covered by the claims of Masimo’s U.S. 10,945,648. Of course, one claim is all you need to show infringement.

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Customs and Trade Law Weekly Snapshot

Customs & International Trade Law

Trade Representative commenced the statutory process required leading up to the four-year anniversaries of the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. On May 5, 2022, the U.S. 10,899,728 (“the ‘728 patent”).

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SCOTUS dispatch: reflections on FCC v. Consumers’ Research

JURIST

Consumers’ Research is technology that props up nearly every aspect of modern life: broadband internet. Oral arguments for this case in late March may as well have been a live stress test of the modern administrative state. Central to FCC v. Gorsuch, especially in Gundy v. It also raises practical questions.

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The Major Questions Doctrine is a Fundamental Threat to Environmental Protection. Should Congress Respond?

ClimateChange-ClimateLaw

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. The challenge of meeting changing conditions in administrative law is known as the pacing problem: scientific and technological developments will nearly always outstrip the pace of government oversight.

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Divided By Principle: How Justices Barrett And Jackson Are Shaping The Future Of Constitutional Law

Above The Law

Jackson also inquired about the potential impact of a ruling on the statute of limitations and how courts should approach medical expertise when evaluating agency decisions, especially regarding the safety and efficacy of drugs. Her inquiries aim to clarify the laws structure, urging a closer examination of its effects on different groups.