article thumbnail

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. Wolf principally argued that stare decisis justifies maintaining the doctrine. The post Doctrinal “dinosaur” or stare decisis? Matthew Wolf argued for Hologic.

article thumbnail

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

Patently O

The Supreme Court directly revisited the rule in Kimble, but ultimately chose to uphold the rule based on stare decisis. Insall centered around a series of agreements between Zimmer and Dr. John Insall related to knee replacement technology. Read the Decision: Zimmer v. Insall The dispute in Zimmer v.

article thumbnail

Atextual Conditions for Patentability and Stare Decisis

Patently O

He was doing some amateurs woodworking when he conceived of his SawStop technology. And, in any case, these exceptions have defined the reach of the statute as a matter of statutory stare decisis going back 150 years. My middle school shop teacher was missing fingers courtesy of a table saw. Kappos , 561 U.S. 593 (2010).

article thumbnail

Preclusion; Customer Lawsuits; and the Kessler Doctrine

Patently O

PersonalWeb Technologies, LLC v. by Dennis Crouch. Patreon, Inc. 20-1394 (Supreme Court 2021). This is a core civil procedure case pending before the Supreme Court. Of course, procedure can and often does have a major impact on substantive rights. Brief in opposition ].

article thumbnail

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

SCOTUSBlog

The abortion providers’ case relies heavily on stare decisis. Modern technology has pushed this frontier further back. The Texas Heartbeat Act exemplifies lawmakers’ frustration with the status quo and their determination to protect unborn children and mothers.

article thumbnail

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

SCOTUSBlog

He emphasizes the Casey court’s discussion of stare decisis, reading from the opinion and even giving the page numbers in the United States Reports. But viability is dependent on medical technology and medical practice. Casey did that,” she replies. “No, No, it didn’t, Your Honor, respectfully,” he says. It has changed.