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Archive for the ‘Supreme Court’ Category

Determination of Patentable Subject Matter Not Limited to Machine-or-Transformation Test; Some Business Method Patents Survive By Davis Doherty – Edited by Matt Gelfand Bilski v. Kappos, No. 08-964 (U.S. June 28, 2010) Slip Opinion In a 9-0 decision, the Supreme Court affirmed an en banc ruling by the Court of Appeals for the Federal Circuit, which held that the petitioners’ claimed invention, a commodities risk-hedging method, was unpatentable. At the same time, a 4-1-4 split on the broader issue of ... Read More...
Posted On Jun - 29 - 2010 Comments Off READ FULL POST
Supreme Court Holds That a Government Employer’s Search of an Employee’s Messages on a Work-Related Pager Was Reasonable and Not a Violation of the Fourth Amendment By Andrew Segna – Edited by Helen He Ontario v. Quon, No. 08-1332 (U.S. Jun. 17, 2010) Slip Opinion The United States Supreme Court reversed a Ninth Circuit Court of Appeals decision that held that the Petitioner City of Ontario’s (“Ontario”) search of the Respondent Jeff Quon’s text messages was unreasonable and, therefore, a ... Read More...
Posted On Jun - 23 - 2010 1 Comment READ FULL POST
By Chinh Vo Supreme Court to Decide on Law Regulating Sale of Violent Video Games to Kids Wired reports that the Supreme Court has agreed to decide whether states may forbid the sale or rental of violent video games to children. The Court will review a ruling by the Ninth Circuit that struck down a California law, imposing fines for selling “patently offensive” or “morbid” games to people under the age of 18, on First Amendment grounds. Similar laws have ... Read More...
Posted On Apr - 30 - 2010 Comments Off READ FULL POST
Supreme Court Declares Animal Cruelty Statute Violates First Amendment By Debbie Rosenbaum – Edited by Chinh Vo United States v. Stevens, No. 08–769 (U.S., April 20, 2010) Slip Opinion The Supreme Court affirmed the Third Circuit Court of Appeals, which had held that 18 U.S.C. § 48, a federal statute criminalizing the commercial production, sale, or possession of depictions of cruelty to animals, was an unconstitutional abridgment of the First Amendment right to freedom of speech and did not serve a compelling governmental interest. In an 8-1 ruling, ... Read More...
Posted On Apr - 23 - 2010 Comments Off READ FULL POST
Panel Criticizes Bilski Machine-or-Transformation Test By Kathryn Freund – Edited by Ryan Ward Editorial Policy On Thursday, April 1st, JOLT hosted a panel discussion at Harvard Law School on the impact of In Re Bilski, a 2008 en banc decision by the Court of Appeals for the Federal Circuit holding that the machine-or-transformation test is the proper method for determining patent-eligible subject matter. Digest previously covered the Bilski decision here. The case was appealed to the Supreme Court, which heard oral ... Read More...
Posted On Apr - 6 - 2010 1 Comment READ FULL POST
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Federal Circuit Flas

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