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Archive for the ‘Supreme Court’ Category

Supreme Court Holds that FDA Regulation Does Not Preempt State Tort Claim By Caitlyn Ross – Edited by Miriam Weiler Wyeth v. Levine Supreme Court of the United States, March 4, 2009, No. 06-1249 Slip Opinion On March 4th, the Supreme Court of the United States affirmed the judgment of the Vermont Supreme Court, holding that federal drug labeling regulations do not preempt state failure-to-warn lawsuits.  The Supreme Court held that compliance with FDA labeling requirements did not preempt Levine’s ... Read More...
Posted On Mar - 9 - 2009 Comments Off READ FULL POST
Supreme Court Rules for Navy in Use of Sonar in Training Exercises By Jared Frisch – Edited by Dmitriy Tishyevich Winter v. Natural Resources Defense Council, Inc. Supreme Court of the United States, November 12, 2008, No. 07-1239 Slip Opinion The Supreme Court reversed a decision by the U.S. Court of Appeals for the Ninth Circuit and vacated in part a preliminary injunction that had restricted sonar training operations by the US Navy. The training operations were alleged to damage ... Read More...
Posted On Nov - 17 - 2008 2 Comments READ FULL POST
Supreme Court Denies Echostar’s Appeal; TiVO Awarded $104 million in Damages Docket Page On Monday, October 6, 2008, the Supreme Court denied Dish’s (formerly EchoStar) appeal of TiVO, Inc. v. EchoStar, 516 F.3d 1290 (Fed. Cir. 2008), bringing the long patent infringement suit to a close.  By refusing to hear argument, the Court upheld both the district and Federal Circuit decisions, which found Dish had infringed TiVO’s patented DVR software and awarded TiVO $74 million in damages. Dish will be forced to pay ... Read More...
Posted On Oct - 9 - 2008 1 Comment READ FULL POST
Supreme Court Reinvigorates Patent Exhaustion By Andrew Ungberg — Edited by Joshua Gruenspecht Quanta Computers, Inc. v. LG Electronics, Inc. Supreme Court of the United States, June 9, 2008, No. 2006-937 Slip Opinion The Supreme Court reversed the Federal Circuit, which had held that patent holders could seek infringement damages from subsequent purchasers further “downstream” provided that the initial transfer had imposed some type of restriction on the initial purchaser. The Federal Circuit’s ruling, had it been upheld, would have ... Read More...
Posted On Jun - 13 - 2008 Comments Off READ FULL POST
Supreme Court Leaves in Place Eighth Circuit Test Favoring First Amendment Protection for Fantasy Sports By Dmitriy Tishyevich — Edited by Evie Breithaupt Major League Baseball Advanced Media v. C.B.C. Distribution and Marketing 8th Circuit, Oct 16, 2007, cert. denied June 2, 2008 Eighth Circuit Opinion, Supreme Court Order On June 2, the Supreme Court denied petition for a writ of certiorari from Major League Baseball Advanced Media (“MLB”). MLB had sought to appeal the Eighth Circuit’s decision, which held ... Read More...
Posted On Jun - 8 - 2008 2 Comments READ FULL POST
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