The Marshall Project

SEPTEMBER 17, 2024

Some defense lawyers fear that conservative justices could overturn this precedent for people facing death sentences.

Precedent 91

Precedent 91

Legal Dive

JUNE 28, 2024

In a landmark ruling, the justices overturned a 40-year-old precedent and significantly reduced the power of federal agencies to interpret the laws they administer.

Precedent 109

Precedent 109

IP Watchdog

JULY 15, 2024

While obviousness-type double patenting (ODP) has a long history, Supreme Court precedent and common sense make it clear that the time has come to put ODP to rest. The original rationale for it has long passed, and it is a judicially-created exception to the patent statute that cannot stand.

Precedent 111

Precedent Litigation 111

SW&L Attorneys Blog

SEPTEMBER 5, 2024

10(8) to suspend you for one of the following: For 91 days “if the operator’s record shows the individual has not violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation.” The length of the possible suspension depends on the result of the chemical test and on your driving record. N.D.C.C. §

Precedent 82

Precedent 82

IP Watchdog

JANUARY 10, 2022

In mid-November, consumer tech giant Apple filed a petition for writ of certiorari asking the U.S. Supreme Court to review the Federal Circuit’s decision to dismiss Apple’s appeal of unsuccessful inter partes review (IPR) challenges to the validity of several patents owned by Qualcomm.

Precedent 105

Precedent Litigation Technology 105

Insurance Journal

JULY 11, 2024

Bordman has more than a decade in commercial insurance, preceded by years in the U.S. Stacks Insurance Brokerage in Lighthouse Point, Florida, has named Kenny Bordman partner and president of commercial insurance. Army and law enforcement, Stacks said in a …

Precedent 83

Precedent Insurance 83

Securities Docket

OCTOBER 8, 2024

The US Court of Appeals for the Fifth Circuit ruled that the Securities and Exchange Commission’s in-house judges are improperly shielded, creating a precedent that hamstrings agencies in Texas, Louisiana, and Mississippi. More cases are pending that could deepen the split among circuit courts.

Precedent 52

Precedent Litigation 52

IP Watchdog

SEPTEMBER 25, 2024

Judge Prost dissented-in-part from the panel opinion, stating that the majority’s opinion with respect to damages “at best muddles our precedent and at worst contradicts it.” against Google, whose appeal in part asked for a new trial on damages due to prejudicial error.

Precedent 59

Precedent Expert Testimony Litigation 59

E-Discovery LLC

JUNE 1, 2024

21, 2022), it addressed a novel issue and I wrote that: “In my view, the only error was that the appellate court did not publish its opinion so that it would be precedent.” states: “The Appellate Court shall designate for reporting only those opinions that are of substantial interest as precedents.” What is an “Unreported” Opinion?

Precedent 130

Precedent Discovery Admissibility Litigation 130

Securities Docket

OCTOBER 3, 2024

In a statement, an SEC spokesperson said, “We believe that the district court decision in the Ripple matter conflicts with decades of Supreme Court precedent and securities laws and look forward to making our case to the Second Circuit.” ” Source: SEC Files Notice of Appeal in Case Against Ripple

Precedent 52

Precedent 52

SW&L Attorneys Blog

OCTOBER 5, 2024

Conclusion This new landmark decision marks a significant shift in administrative law, emphasizing judicial independence in statutory interpretation and ending a long-standing precedent that had shaped regulatory practices for decades.

Precedent 67

Precedent Litigation 67

IP Watchdog

JANUARY 12, 2022

In one decision, the Supreme Court will wax poetically about the need to adhere to precedent, and citing stare decisis, and then overrule well-established, 30-year-old Supreme Court precedent. The whim and fancy – and intellectual dishonesty – of the Supreme Court knows no bounds when it comes to patent law.

Precedent 131

Precedent Technology Litigation 131

Insurance Journal

JULY 14, 2024

By Ezra Amacher A Texas nonprofit health system who purchased a specialized commercial property insurance policy is not covered for business interruption losses caused by COVID-19, a 5th Circuit Court of Appeals panel ruled, relying on existing precedent that COVID-19 …

Precedent 52

Precedent Insurance 52

Securities Docket

SEPTEMBER 12, 2024

That precedent is now in jeopardy – and along with it the independence of such agencies as the SEC, FTC and FCC, whose members are presidentially appointed but currently not subject to White House control. The unanimous ruling, known as Humphrey’s Executor v.

Precedent 52

Precedent 52

Lawmatics

JANUARY 23, 2024

Legal analytics: AI-driven legal analytics tools provide insights into trends, precedents, and the behavior of judges. The practice of law involves not only the application of legal rules and precedents but also requires complex human skills such as judgment, empathy, ethical reasoning, and strategic thinking.

Legal Research 147

Legal Research Precedent Discovery Legal Precedent 147

Complex Discovery

OCTOBER 10, 2024

Editor’s Note: In a recent decision, the Court of Justice of the European Union (CJEU) has set a new precedent for how personal data, particularly sensitive information, can be used in targeted advertising.

Court Rules 70

Court Rules Precedent Technology 70

IP Watchdog

DECEMBER 19, 2022

Patent and Trademark Office (USPTO) under newly appointed Director, Kathi Vidal, and some exciting precedents set in the rapidly evolving area of inventions and art created by artificial intelligence machines, among other developments. Court of Appeals for the Federal Circuit, a flurry of activity from the U.S.

Precedent 139

Precedent 139

IP Watchdog

AUGUST 10, 2023

A little over halfway through 2023, and nearing the end of the Patent Trial and Appeal Board’s (PTAB’s) fiscal year, we can take stock of an administrative body that is settling into a decade of precedent while big changes still loom.

Precedent 98

Precedent 98

IP Watchdog

APRIL 25, 2023

Patent and Trademark Office (USPTO) violated Supreme Court precedent by ruling the patent application ineligible under the Alice/Mayo test. Court of Appeals for the Federal Circuit (CAFC) affirmed the ruling in August 2022. In the petition, Killian claims that the U.S.

Precedent 121

Precedent Litigation 121

Complex Discovery

AUGUST 6, 2024

This milestone decision by Judge Amit Mehta not only underscores Google’s extensive market dominance but also sets a significant precedent for future antitrust cases against major technology firms. Despite this, the initial ruling sets a critical precedent and may lead to significant changes in how Google operates.

Precedent 90

Precedent Manufacturing Technology Evidence 90

Securities Docket

JULY 1, 2024

The Supreme Court on Friday reduced the power of executive agencies by sweeping aside a longstanding legal precedent, endangering countless regulations and transferring power from the executive branch to Congress and the courts. The precedent, Chevron v.

Legal Precedent 40

Legal Precedent Precedent 40

IP Watchdog

FEBRUARY 11, 2024

The Federal Circuit reversed the PTAB on claim construction and also found that the Board misapplied CAFC precedent on the level of public dissemination required before printed publications can qualify as prior art. Provisur Technologies, Inc.

Construction 72

Construction Precedent Technology Litigation 72

IP Watchdog

MAY 16, 2023

patent eligibility law, which generally have to do with a lack of clarity, arguably fostered by many of the Court’s own precedents. The denials make it fairly clear that the High Court is not interested in helping to resolve the current problems with U.S.

Precedent 134

Precedent Litigation 134

Complex Discovery

AUGUST 20, 2024

The outcome could set significant legal precedents, influencing global efforts to regulate AI-driven abuses and protect vulnerable individuals from online harm. This case, initiated by David Chiu, the elected city attorney of San Francisco, has gained international attention for its potential to set a significant legal precedent.

Legal Precedent 84

Legal Precedent Precedent Subpoenas Technology 84

E-Discovery LLC

JULY 5, 2024

The Court recited precedent which acknowledged that “movies and tapes are easily manipulated, through such means as editing and changes of speed, to produce a misleading effect….” Many other issues were addressed in the 55-page unreported opinion. _ [1] This opinion may not be cited as precedent within the rule of stare decisis.

Evidence 130

Evidence Witnesses Cross-Examination Precedent 130

IP Watchdog

MAY 21, 2024

The decision also said the Supreme Court’s precedent in KSR v. Teleflex favors a more flexible approach than Rosen-Durling.

Precedent 59

Precedent Litigation Technology 59

Law Sites

APRIL 10, 2024

Automatically extract relevant precedents, deal points, and insights on opposing counsel from their documents, including seeing what a counterparty’s counsel has agreed to in the past. Make it easy for lawyers to find deal precedents comparable to current deals and, unlike manual databases, ensure the data is always up to date.

Real Estate 182

Real Estate Precedent 182

IP Watchdog

APRIL 6, 2023

Judge Newman dissented, arguing the ruling “contravenes the Copyright Act and departs from the long-established precedent and practice of copyrightability of computer programs” and that it represents a “far-reaching change.” failed to establish copyrightability of its asserted software program elements.

Precedent 75

Precedent Litigation Technology 75

IP Watchdog

APRIL 3, 2022

Zaxcom argued that the CAFC’s precedent in Fox Factory, Inc. Court of Appeals for the Federal Circuit (CAFC) for rehearing en banc after the court found its original patent claims unpatentable as obvious. SRAM LLC, 944 F.3d 3d 1366 (Fed. 2019), “confused the law” regarding a rebuttable presumption of nexus.

Rebuttal 119

Rebuttal Precedent Technology Litigation 119

IP Watchdog

APRIL 17, 2023

As we stand here today, we have no precedents, case law or customs as to what those procedures will be.” He stressed that it is an amalgam of existing procedures: “In the UPC those procedures will surely come to have their own character and usage.

Precedent 86

Precedent Case Law Litigation 86

Securities Docket

JULY 11, 2024

That conclusion is at odds with precedent from the New York-based 2nd Circuit, which requires the SEC only to meet one element of the four-part test. To obtain an asset freeze in the 2nd Circuit, the SEC must simply establish an inference that a defendant violated federal securities laws.

Precedent 52

Precedent 52

IP Watchdog

JANUARY 10, 2024

Notwithstanding this transcendental precedent, Judge Rodney Gilstrap recently declined to extend such a notion to patents subject to Fair, Reasonable and Non-Discriminatory (FRAND) licensing related obligations.

Precedent 52

Precedent Technology Litigation 52

IP Watchdog

FEBRUARY 12, 2024

district court determined that most of Judge Newman’s requested relief was foreclosed by legal precedent limiting constitutional challenges to the Judicial Conduct and Disability (JC&D) Act. Despite acknowledging that all of the recent complaints against Judge Newman’s mental fitness continue to be unsubstantiated, the D.C.

Legal Precedent 64

Legal Precedent Precedent Litigation 64

Complex Discovery

AUGUST 9, 2024

The ongoing legal battle could set new precedents in the enforcement of data privacy standards, emphasizing the urgent need for companies to adopt stringent cybersecurity protocols to safeguard sensitive information. Industry News – Cybersecurity Beat National Public Data Breach Exposes 2.9

Precedent 78

Precedent Technology 78

IP Watchdog

APRIL 11, 2024

The CAFC also affirmed an order of the district court that instructed the Food and Drug Administration (FDA) that the effective approval date of generic company Norwich’s Abbreviated New Drug Application (ANDA) may not precede the expiration dates of the claims of three other Salix patents that were found to be valid and infringed by Norwich.

Pharmaceuticals 59

Pharmaceuticals Precedent Litigation 59

IP Watchdog

MARCH 20, 2022

Now, Zaxcom has petitioned the court for rehearing en banc, arguing that the CAFC’s precedent in Fox Factory, Inc. 9,336,307 for Engineering Emmy® and technical OSCAR award-winning wireless microphone technology were unpatentable as obvious, but upheld the substitute claims Zaxcom had proposed. SRAM LLC, 944 F.3d 3d 1366 (Fed.

Rebuttal 105

Rebuttal Precedent Technology Litigation 105

IP Watchdog

JANUARY 12, 2022

While all three panelists agreed that the IP waiver discussion has become a distraction that will not solve the fundamental problems, Iancu and Kappos were especially passionate that the precedent set by the U.S. government’s decision to back the proposal could do very real harm, rather than good.

Precedent 124

Precedent Technology 124