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Searching Content indexed under Intellectual Property by Andrew Tauber ordered by Published Date Descending.
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1
Supreme Court Docket Report - October 8, 2012
Takings Whether Government May Deny Permits Based on Property Owner's Refusal to Pay for Unrelated Improvements.
United States
9 Oct 2012
2
Supreme Court Decision Alert - April 18, 2012
When the United States Patent and Trademark Office ("PTO") denies an application for a patent, the applicant may seek judicial relief in two different ways. The applicant may obtain review directly in the Federal Circuit (pursuant to 35 U.S.C. § 141) or, in the alternative, the applicant may file a civil action against the PTO in federal district court (pursuant to 35 U.S.C. § 145).
United States
19 Apr 2012
3
Supreme Court Decision Alert - April 17, 2012
The FDA is authorized to approve generic drugs only if they do not infringe the patent of a brand manufacturer. For drugs that are covered by unexpired patents, the Hatch-Waxman Amendments permit generic manufacturers to show that a proposed generic drug will not infringe the patent.
United States
18 Apr 2012
4
Supreme Court Docket Report - April 16, 2012
Under the Copyright Act’s first sale doctrine, codified at 17 U.S.C. § 109(a), "the owner of a particular copy . . . lawfully made under this title" may sell or otherwise transfer ownership of that copy without the authorization of the copyright owner.
United States
17 Apr 2012
5
Supreme Court Decision Alert - January 18, 2012
Today the Supreme Court issued two decisions, described below, of interest to the business community.
United States
19 Jan 2012
6
Supreme Court Docket Report - June 27, 2011
Section 408 of the Federal Meat Inspection Act ("FMIA" or "Act") prohibits States from imposing "[r]equirements . . . with respect to premises, facilities and operations of any establishment at which inspection is provided . . . which are in addition to, or different than those made under" the Act.
United States
29 Jun 2011
7
Supreme Court Docket Report – June 20, 2011
Federal law allows inventors to patent "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." 35 U.S.C. § 101.
United States
22 Jun 2011
8
Supreme Court Decision Alert - June 9, 2011
Today, in a decision that largely maintains the status quo but is nevertheless of considerable interest to patent holders and patent users, the Supreme Court held that to establish a patent-invalidity defense an alleged infringer must prove the patent’s invalidity by "clear and convincing" evidence.
United States
16 Jun 2011
9
Supreme Court Decision Alert - June 6, 2011
SEC Rule 10b-5, which implements Section 10(b) of the Securities and Exchange Act of 1934, makes it unlawful for any person, in connection with the purchase or sale of a security, "[t]o make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading." 17 C.F.R. § 240.10b-5(b).
United States
7 Jun 2011
10
Supreme Court Docket Report - March 7, 2011
Article 18 of the Berne Convention for the Protection of Literary and Artistic Works ("Article 18"), which the United States joined in 1989, requires that signatory nations provide copyright protection to certain foreign works.
United States
10 Mar 2011
11
Supreme Court Decision Alert - December 13, 2010
Under the Copyright Act’s first-sale doctrine, codified at 17 U.S.C. § 109(a), the owner of any particular copy "lawfully made under this title" may sell or otherwise transfer ownership of that copy without the authorization of the copyright owner.
United States
14 Dec 2010
12
Supreme Court Docket Report - November 29, 2010
Today the Supreme Court granted certiorari in "CSX Transportation, Inc. v. McBride", No. 10-235, to decide whether the Federal Employers’ Liability Act (FELA) requires proof of proximate causation.
United States
2 Dec 2010
13
Supreme Court Docket Report - November 1, 2010
Each year, the U.S. government provides billions of dollars in federal funding for research. The Bayh-Dole Act, 35 U.S.C. § 200 "et seq.", creates a framework for allocating rights in inventions developed with federal funds.
United States
3 Nov 2010
14
Supreme Court Docket Report – October 12, 2010
Chapter 28 of the United States Patent Act, 35 U.S.C. § 271(b), provides that whoever actively induces infringement of a patent shall be liable as an infringer.
United States
25 Oct 2010
15
Supreme Court Docket Report - June 29, 2010
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a), makes it illegal to retaliate against an employee for (a) opposing an unlawful employment practice or (b) participating in an investigation of, or proceedings against, an employer under the Act.
United States
2 Jul 2010
16
Supreme Court Decision Alert - May 24, 2010
In a decision that could prove significant to all businesses that engage in joint ventures and other cooperative enterprises, the Supreme Court ruled today in "American Needle, Inc. v. National Football League", No. 08-661, that the National Football League (NFL) does not constitute a "single enterprise" for antitrust purposes, holding instead that the league’s 32 constituent teams are separate enterprises when it comes to selling branded items like caps.
United States
27 May 2010
17
Supreme Court Docket Report - April 19, 2010
Under the Copyright Act’s first sale doctrine, codified at 17 U.S.C. § 109(a), the owner of any particular copy "lawfully made under this title" may sell or otherwise transfer ownership of that copy without the authorization of the copyright owner.
United States
22 Apr 2010
18
US Supreme Court Releases Opinion in "Reed Elsevier, Inc. v. Muchnick"
On March 2, 2010, the Supreme Court held that the provision of the Copyright Act which requires authors to register their works before suing for copyright infringement, 17 U.S.C. § 411(a), is not a limitation on the federal courts’ subject-matter jurisdiction, but instead merely a "claim-processing rule" setting forth what a copyright holder must do before he or she may file a claim in court.
United States
12 Mar 2010
19
Supreme Court Decision Alert - March 2, 2010
Today the Supreme Court issued two decisions, described below, of interest to the business community.
United States
9 Mar 2010
20
Supreme Court Docket Report - June 1, 2009
Under Section 101 of the Patent Act, 35 U.S.C. § 101, an “idea” is not patentable, but a “process” may be.
United States
3 Jun 2009
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