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Federal Circuit judges stake positions on patent eligibility in CLS Bank
- Latham & Watkins LLP
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- USA
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- May 14 2013
The US Court of Appeals for the Federal Circuit recently issued a fractured en banc decision in CLS Bank International v. Alice Corp. Pty. Ltd., --- F
US Supreme Court narrows Alien Tort Statute exposure
- Latham & Watkins LLP
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- USA
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- April 25 2013
The US Supreme Court significantly narrowed the reach of the Alien Tort Statute (ATS) in its April 17, 2013 ruling in Kiobel v. Royal Dutch Petroleum
US Supreme Court holds that liability under the Torture Victim Protection Act extends only to natural persons and does not extend to organizations
- Latham & Watkins LLP
- -
- USA
- -
- May 24 2012
On April 18, 2012, the US Supreme Court in Mohamad v. Palestinian Authority unanimously held that the term “individual” under the Torture Victim Protection Act of 1991 (TVPA) encompasses only natural persons and does not extend to organizations
Supreme Court holds that the Patent Act requires invalidity defense to be proved by clear and convincing evidence
- Latham & Watkins LLP
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- USA
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- June 13 2011
On June 9, 2011, the US Supreme Court issued a unanimous opinion (8-0, with the Chief Justice recused), holding that 35 U.S.C. 282 establishes a presumption of patent validity that an alleged patent infringer must overcome by clear and convincing evidence in all circumstances
Supreme Court holds that Bayh-Dole Act does not automatically strip employees of rights in their federally funded inventions
- Latham & Watkins LLP
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- USA
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- June 9 2011
On June 6, 2011, the United States Supreme Court issued a decision in Stanford University v. Roche Molecular Systems (7-2, with Justices Breyer and Ginsburg dissenting) that clarifies the scope of inventors’ rights in federally funded inventions vis-à-vis their federal contractor employers
Supreme Court says "willful blindness" satisfies knowledge requirement for inducement of patent infringement
- Latham & Watkins LLP
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- USA
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- June 3 2011
The US Supreme Court issued a decision Tuesday in Global-Tech Appliances, Inc., et al. v. SEB S.A (8-1, with Justice Kennedy dissenting) that changes the standard of liability for inducement of patent infringement
Supreme Court’s decision helps protect wholesale energy contracts from regulatory interference
- Latham & Watkins LLP
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- USA
- -
- February 3 2010
On January 13, 2010, the Supreme Court of the United States in NRG Power Marketing, LLC v. Maine Public Utilities Commission, 558 U.S. ___ (2010), held in an 8-1 decision authored by Justice Ginsburg that the Federal Energy Regulatory Commission (FERC) can only modify the rates, terms and conditions of a voluntarily negotiated wholesale energy contract if the contract will “adversely affect the public interest,” regardless of whether such modification is sought by a party to the contract or a non-contracting third party
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