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Archive for the ‘Supreme Court’ Category

Flash Digest: News In Brief
By James Grace

Hershey’s Opposes Mars’ Attempt to Register a Snickers’ Cross-Section as a Design Mark

Medtronic v. Boston Scientific – Oral Argument

Proposed Tweak to Law Would Pull Shield From Generic-Drug Makers

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Posted On Nov - 10 - 2013 Comments Off READ FULL POST

Supreme Court Rules that Anti-Prostitution Policy Requirement for HIV/AIDS Funding Violates First Amendment

Agency for International Development v. Alliance for Open Society International, Inc.
By Andrew Spore – Edited by Samantha Rothberg

In June of this year, the Supreme Court ruled that requiring as a condition of funding that recipients of federal HIV/AIDS prevention funds have “a policy explicitly opposing prostitution” constituted an impermissible restriction on speech, Agency, slip op. at 15, affirming a 2011 decision by the Second Circuit.

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Posted On Jul - 8 - 2013 Comments Off READ FULL POST

Supreme Court Adopts “Rule of Reason” for Reverse Payment Settlements

Federal Trade Commission v. Actavis, Inc.
By Kathleen McGuinness – Edited by Jennifer Wong

On June 17, the Supreme Court ruled that reverse payment settlements between brand name and generic drug manufacturers were not presumptively unlawful, but were subject to scrutiny under the “rule of reason.” This holding overruled the Eleventh Circuit’s dismissal of the case and resolved a circuit split.

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Posted On Jul - 3 - 2013 Comments Off READ FULL POST

Isolated DNA Unpatentable but cDNA Patentable, Holds Supreme Court

Ass’n for Molecular Pathology v. Myriad Genetics
By Alex Shank – Edited by Kathleen McGuinness

In a unanimous decision, the Supreme Court held that “a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated.” However, “cDNA is patent eligible because it is not naturally occurring.” Id. The Court thus affirmed in part and reversed in part the Court of Appeals for the Federal Circuit’s prior opinion upholding the patent eligibility of isolated DNA.

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Posted On Jun - 25 - 2013 Comments Off READ FULL POST

Supreme Court Reaffirms Driver Privacy

Maracich v. Spears
By Natalie Kim – Edited by Mary Grinman

On Monday, the Supreme Court held that the “litigation exception” of the Driver Privacy Protection Act (“DPPA”) did not apply to attorney solicitation of clients, vacating a decision of the 4th Circuit. On remand, the lower court must determine whether Spears’ communications were sent with “the predominant purpose of solicitation.”

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Posted On Jun - 23 - 2013 1 Comment READ FULL POST
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DRIP Bill Expands UK

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Federal Circuit Gran

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Ninth Circuit Reject

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Flash Digest: News i

By Patrick Gutierrez Senate passes bill to make cell phone unlocking ...

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Federal Circuit Flas

By Amanda Liverzani Dismissal of Trademark Registration Opposition Affirmed Despite Pronunciation ...