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Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.

SCOTUSBlog

It has been accused of infringing patented technology invented by the company’s founder and wants to avoid liability for patent infringement. Hochman fielded several questions about why the court should abandon a doctrine that the court has recognized for nearly a century. The post Doctrinal “dinosaur” or stare decisis?

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

Patently O

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).

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Zimmer v. Insall: The Power of Arbitration Agreements in Patent Royalty Disputes

Patently O

This decision highlights the significant deference afforded to arbitration agreements and the limited ability of courts to vacate arbitral awards, even when they conflict with Supreme Court precedent. The Supreme Court directly revisited the rule in Kimble, but ultimately chose to uphold the rule based on stare decisis.

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Atextual Conditions for Patentability and Stare Decisis

Patently O

USPTO (Supreme Court 2022) focuses the question of whether COURTS have power to create non-statutory patentability doctrines. He was doing some amateurs woodworking when he conceived of his SawStop technology. Now, SawStop has petitioned the Supreme Court asking that the doctrine be eliminated. = = =. by Dennis Crouch.

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Preclusion; Customer Lawsuits; and the Kessler Doctrine

Patently O

PersonalWeb Technologies, LLC v. 20-1394 (Supreme Court 2021). This is a core civil procedure case pending before the Supreme Court. The Supreme Court has now issued a Call for the Views of the Solicitor General (CVSG)–seeking the government’s input on whether to hear the case. by Dennis Crouch. Patreon, Inc.

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Modernize U.S. abortion law — and return abortion policy to the democratic process

SCOTUSBlog

Jackson Women’s Health Organization , the Supreme Court will consider one question: “Whether all pre-viability prohibitions on elective abortions are unconstitutional.” Mississippi Attorney General Lynn Fitch and her team are urging the court to reverse Roe and return this issue to legislatures, the proper realm for policymaking.

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“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

SCOTUSBlog

Outside the Supreme Court building, crowds of demonstrators have gathered for today’s major argument in Dobbs v. More law clerks file in as the argument nears, filling almost every designated space, as the court is still requiring some degree of social distancing. Nowhere else does this court recognize a right to end a human life.”.