Patently O

APRIL 11, 2024

In answering that question, the Supreme Court applied its recently minted, two-step methodology for assessing the extraterritorial reach of U.S. statutes generally. European Community , step one requires a court to decide whether the presumption against extraterritoriality has been rebutted by a clear indication from Congress.

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Statute Court Technology Contract 81

Patently O

APRIL 29, 2024

by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. Patent system, and today’s guiding statute (35 U.S.C. Medac Pharma Inc. ,

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Statute Court Technology Court Decisions 81

Broadcast Law Blog

DECEMBER 23, 2022

With the holidays upon us and the end of the year fast approaching, the FCC took care of one piece of business required by statute as it released a Public Notice announcing the start of the 2022 Quadrennial Review of the FCC’s ownership rules. The Notice does put forward a few questions on which the Commission seeks comments.

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Statute Court Decisions Technology Government 95

CARET Legal

JULY 11, 2024

For example, a law firm failed to properly track the statute of limitations for a client’s discrimination claim. Frequent Legislative Changes The employment law landscape is constantly evolving, with new legislation and court decisions shaping the way cases are handled.

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Law Firm Law Firms Case Management Laws 111

Broadcast Law Blog

AUGUST 21, 2009

The statute defines an interactive service as one where a user can select a specific song or “receive a transmission of a program specially created for the recipient.” This was important in the Court’s analysis. The issue in the case turned on an analysis of the DMCA’s definition of an interactive service.

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Court Statute Court Decisions Technology 56

Patently O

SEPTEMBER 21, 2022

You’ll recognize Click-to-Call from the 2020 Supreme Court decision finding institution decisions ordinarily not judicially reviewable. Click-to-Call Technologies , LP, 140 S. The statute is not crystal clear on this point–even more so now that we recognize that partial institution was improper.

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Statute Construction Litigating Litigation 58

Patently O

NOVEMBER 9, 2021

The case was set-up as a showdown on questions of patent eligibility in the “highly esoteric field of computer technology.” But, in the end, the court focused on the more mundane question of obviousness — a doctrine it continued to refer to as “invention.” Rather, the court found the claims obvious.

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Court Court Decisions Technology Depositions 75

FDA Law Blog

APRIL 19, 2021

We have blogged recently about several FDA setbacks in court ( here , for example). Genus Medical Technologies secured an important victory in the D.C. Circuit Court of Appeals on Friday. In Genus Medical Technologies v. Add one more to that tally.

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Court Manufacturing Statute Technology 40

Patently O

SEPTEMBER 16, 2022

Unfortunately, the PTA statute is not a model of clarity and has been the subject of numerous court battles over various quirky elements. The provision at issue in Sawstop has to do with PTA added for PTAB appeals and district court challenges. 35 U.S.C. § 154(b)(1)(C)(iii). See Kappos v. Hyatt, 566 U.S. 431 (2012).

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Statute Court Court Decisions Technology 63

SCOTUSBlog

FEBRUARY 16, 2024

Both cases are now before the Supreme Court. Because of the wrinkles of the court’s jurisdictional statutes, Garcia comes from the three-judge district court directly to the Supreme Court as an appeal over which the court has mandatory jurisdiction. Palmer would ordinarily go through the U.S. . 12 and Jan.

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Court Laws Statute Court Decisions 97

MyCase

SEPTEMBER 25, 2023

These days, crafting a perfect legal argument takes a winning combination of experience, intuition, and the ability to leverage technology. While physically going to the library and cracking the books still has its place, technology has made the initial research stages much easier.

Legal Research 52

Legal Research Legal Legal Case Management 52

Patently O

DECEMBER 11, 2023

This seems both untenable as a practical outcome and inconsistent with both the statute and governing precedent. In a split decision, the Federal Circuit affirmed, explaining that: the only Panduit factor that arguably was not met in the present fact situation is the second one, absence of acceptable non-infringing substitutes.

Technology 45

Technology Litigating Litigation Construction 45

FDA Law Blog

AUGUST 9, 2021

Farquhar — On the heels of Genus Medical Technologies’ successful lawsuit against FDA—Genus was represented by Hyman, Phelps & McNamara PC—in both the District Court of D.C. and the Court of Appeals for the D.C. Koblitz & Douglas B.

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Statute Litigating Litigation Construction 52

Constitutional Law Reporter

APRIL 10, 2024

In reaching its decision, the Court emphasized that Section 1983 provides a cause of action against “[e]very person who, under color of any statute, ordinance, regulation, custom, or us- age, of any State ” deprives someone of a federal constitutional or statutory right.

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Court Cause of Action Government Court Rules 52

Broadcast Law Blog

MARCH 22, 2017

In a decision released this week , the 9 th Circuit Court of Appeals overturned a District Court decision (about which we wrote here ) that had found that a video service provided by Aereokiller was a “cable system” as defined by Section 111 of the Copyright Act.

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Court Statute Court Decisions Technology 40

JonathanTurley

MAY 25, 2021

50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. In a 2-1 panel decision, the court also found that the was overly broad. In so ruling, the appellate court reversed a January 2019 district court decision.

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Court Rules Contract Laws Court 49

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The federal district court for the District of Columbia upheld the National Oceanic and Atmospheric Administration’s (NOAA’s) redaction of certain communications between a NOAA climate scientist and the director of the White House Office of Science and Technology Policy (OSTP) from January 20, 2009, through January 20, 2017.

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Court Government Litigation Litigating 59

Conflict of Laws

JUNE 7, 2023

Miranda Kaye , Senior Lecturer at the University of Technology Sydney. Mr. Lortie explained that the recent US Supreme Court decision of Golan v. Ye framed this issue in the context of rapid technological developments in the reproductive space, as well as the emotional stakes involved for interested parties. Finally, Ms.

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Laws Family Law Legal Legal 40

SCOTUSBlog

JANUARY 13, 2025

Instead, the 5th Circuit applied a less rigorous standard of review, known as rational basis review, which looks at whether the statute furthers a legitimate state interest, and whether there is a rational connection between that interest and the law. The court of appeals relied on the Supreme Courts 1968 decision in Ginsberg v.

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Court Entertainment Technology Government 110

Conflict of Laws

JANUARY 11, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

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Drafting Laws Litigating Litigation 52

Conflict of Laws

APRIL 20, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

FEBRUARY 16, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

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Drafting Laws Litigating Litigation 52

Conflict of Laws

DECEMBER 7, 2021

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JUNE 21, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

Drafting 40

Drafting Laws Litigating Litigation 40

Conflict of Laws

AUGUST 31, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

Drafting 40

Drafting Laws Litigating Litigation 40

Conflict of Laws

SEPTEMBER 28, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

Drafting 40

Drafting Laws Litigating Litigation 40

At the Lectern

AUGUST 6, 2024

There was no direct review of any of the state court’s work, but there were some notable high court/California Supreme Court-related actions. The two certiorari denials in Uber Technologies v. Gregg and Seifu had been grant-and-holds in the California Supreme Court, which later dismissed review without opinions.

Technology 45

Technology Court Statute Court Decisions 45

Conflict of Laws

AUGUST 30, 2023

Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp. EU Civil Procedure Law and Third Countries – Which Way Forward?,

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Conflict of Laws

APRIL 4, 2023

Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), 337-338 Xie, Yili “Research on the Intellectual Property Infringment System of the Hague Judgments Convention”, China-Arab States Science and Technology Forum 2021-09, pp.

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Drafting Laws Litigating Litigation 52

Conflict of Laws

FEBRUARY 15, 2023

Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), 337-338 Xie, Yili “Research on the Intellectual Property Infringment System of the Hague Judgments Convention”, China-Arab States Science and Technology Forum 2021-09, pp.

Drafting 40

Drafting Laws Litigating Litigation 40

ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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Court Government Compensatory Damages Litigation 72

FDA Law Blog

MARCH 29, 2022

Unless amended, the proposed legislation would reverse a Court determination that FDA had erroneously classified a frequently used contrast agent, barium sulfate, as a drug. In 2017, FDA issued a warning letter to our client, Genus Medical Technologies, for distributing barium sulfate, which FDA characterized as an unapproved drug.

Court Decisions 40

Court Decisions Technology Court Statute 40

ClimateChange-ClimateLaw

NOVEMBER 4, 2022

Two principal federal antitrust statutes govern agreements among competitors: the Sherman Act of 1890, which prohibits monopolization and unlawful trade restraints, and the Clayton Act of 1914, which identifies additional prohibited conduct, including with respect to interlocking directorates, and mergers and acquisitions.

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SCOTUSBlog

DECEMBER 31, 2020

Burger, for instance, shortened oral arguments from two hours to one hour, began the practice of releasing summaries of the court’s opinions along with the opinions themselves, and upgraded the court’s word-processing technology. The chief justice came to the court with lifelong desires to make everything work better.

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SCOTUSBlog

NOVEMBER 1, 2021

The ACLU explained that although the FISC’s role may have originally been relatively narrow, that role has “changed fundamentally — due to both Congress’s expansion of” the Foreign Intelligence Surveillance Act “and the exponential growth in the capabilities of powerful surveillance technologies.”

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Court Government Court Rules Statute 101

Above The Law

MARCH 7, 2025

There is plenty of commentary making the rounds regarding yesterdays 5-4 Supreme Court decision confirming that of course a judge can issue a Temporary Restraining Order to maintain the status quo and require USAID pay out the money that it owes to contractors for work already done. for the Court). United States v.

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Above The Law

MARCH 21, 2025

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Additionally, cases that reversed lower court decisions or set new legal precedents were considered more significant.

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