Court Stare Decisis Statute 
Patently O
JULY 24, 2024
Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Consider first stare decisis and the Court’s overruling of Chevron deference (i.e. no standing requirement).
Patently O
FEBRUARY 23, 2023
University of Illinois Foundation (1971), the Supreme Court held that a judgment of invalidity in a suit against one infringer accrues to the benefit of any other accused infringer unless the patent owner shows that he did not have a fair opportunity procedurally, substantively and evidentially to pursue his patent claim the first time.
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SCOTUSBlog
DECEMBER 1, 2022
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.” Commissioner.
Constitutional Law Reporter
JULY 30, 2024
Supreme Court struck down the Chevron doctrine in its recent decision in Relentless v. Facts of the Case The Supreme Court granted certiorari in the two cases to address whether Chevron U.S.A. Under Chevron’s two-step analysis, a reviewing court must first assess “whether Congress has directly spoken to the precise question at issue.”
SCOTUSBlog
NOVEMBER 7, 2022
Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. Arguments of HHC.
Patently O
JULY 2, 2024
In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. Importantly, the Supreme Court in Cuozzo Speed Techs.
SCOTUSBlog
APRIL 20, 2021
Share This Wednesday, the Supreme Court will hear oral argument in Minerva Surgical Inc. Federal courts have applied this doctrine since 1880, and the Supreme Court implicitly approved of the doctrine in 1924 in Westinghouse Electric. Applying the doctrine of assignor estoppel, however, both the district court and the U.S.
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