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Judgment Search Results Home > Cases Phrase: patents Court: us supreme court Year: 1999 Page 1 of about 26 results (0.068 seconds)

Jun 23 1999 (FN)

Florida Prepaid Postsecondary Ed. Expense Bd. Vs. College Savings Bank

Court : US Supreme Court

Decided on : Jun-23-1999

..... j. 453 (1997); bertha, intellectual property activities in u. s. research universities, 36 idea: j. l. & tech. 513 (1996); eisenberg, public research and private development: patents and technology transfer in government-sponsored research, 82 va. l. rev. 1663 (1996). 658 658 florida prepaid postsecondary ed. expense ed. v. college savings eank stevens, j., dissenting ..... pokotilow & siegal, cease and desist letters: the legal pitfalls for patentees, 4 intellectual property strategist, no.3, 6 the chairman of the house subcommittee considering the patent remedy act, representative kastenmeier, engaged in the following dialogue with william thompson, president of the american intellectual property law association, about whether states were definitively immune from ..... adequate remedies are provided and followed, no ... deprivation of property without due process can result"). congress, however, barely considered the availability of state remedies for patent infringement and hence whether the states' conduct might have amounted to a constitutional violation under the fourteenth amendment. it did hear a limited amount of testimony to ..... 's substantive provisions, and must tailor its legislative scheme to remedying or preventing such conduct. pp. 634-639. (b) here, the underlying conduct is unremedied patent infringement by states. however, in enacting the act, congress identified no pattern of such infringement, let alone a pattern of constitutional violations. the house report provided .....

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Jun 07 1999 (FN)

Amoco Production Co. Vs. Southern Ute Tribe

Court : US Supreme Court

Decided on : Jun-07-1999

..... the coal, lignite, oil, and natural gas in the public lands"). finally, congress passed the 1909 act, which authorized the federal government, for the first time, to issue limited land patents. in contrast to the broad reservations of mineral rights proposed in the failed bills, however, the 1909 act provided for only a narrow reservation. the 1909 act authorized issuance of ..... a compromise that would reconcile the competing interests of protecting settlers and managing federal coal lands for the public good. president roosevelt and others urged congress to begin issuing limited patents that would sever the surface and mineral estates and allow for separate disposal of each. see id., at 49 (quoting special message to congress, jan. 22, 1909, 15 messages and ..... that cem gas was not included in the acts' coal reservation, oil and gas companies entered into cem gas leases with the individual landowners of some 200,000 acres of patented land in which the tribe owns the coal. the tribe filed suit against petitioners, the royalty owners and producers under the leases, and federal agencies and officials (respondents here), seeking ..... to western settlers pursuant to the coal lands acts of 1909 and 1910 conveyed the land and everything in it, except the "coal," which was reserved to the united states. patented lands included reservation lands previously ceded by respondent southern ute indian tribe to the united states. in 1938, the united states restored to the tribe, in trust, title to ceded .....

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Jun 10 1999 (FN)

Dickinson Vs. Zurko

Court : US Supreme Court

Decided on : Jun-10-1999

..... court/court review will produce better agency factfinding. it says that the standard encourages the creation of "administrative records that more fully describe the metes and bounds of the patent grant" and "help avoid situations where board fact finding on matters such as anticipation or the factual inquiries underlying obviousness become virtually unreviewable." 142 f. 3d, at 1458 ..... . neither the circuit nor its supporting amici, however, have explained convincingly why direct review of the pto's patent denials demands a stricter factrelated review standard than is applicable to other agencies. congress has set forth the appropriate standard in the ap a. for the reasons stated, we ..... the federal circuit is reversed. we remand the case for further proceedings consistent with this opinion. so ordered. appendix to opinion of the court review of 89 pre-apa ccpa patent cases reciting "clear" or "manifest" error standard cases referring to both technical complexity/agency expertise and the agreement (disagreement) within the agency stern v. schroeder, 17 c. ..... standard was an "additional requiremen[t] ... recognized by law." 5 u. s. c. 559. it is undisputed that, until to day's decision, 171 both the patent bench and the patent bar had concluded that the stricter "clearly erroneous" standard was indeed such a requirement placed upon the pto. * agency factfinding was thus reviewed under this stricter standard; in my .....

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Jan 25 1999 (FN)

Atandt Corp. Vs. Iowa Utilities Bd.

Court : US Supreme Court

Decided on : Jan-25-1999

..... respectfully dissent from part ii of the majority's opinion.1 i from the time that the commercial offering of telephone service began in 1877 until the expiration of key patents in 1893 and 1894, alexander graham bell's telephone company-which came to be known as the american telephone and telegraph company-enjoyed a monopoly. j. brooks, telephone: the first .....

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Oct 13 1999 (FN)

Kimel Vs. Florida Bd. of Regents

Court : US Supreme Court

Decided on : Oct-13-1999

..... objectives. id., at 647. instead, "[t]he statute's apparent and more basic aims were to provide a uniform remedy for patent infringement and to place states on the same footing as private parties under that regime." id., at 647-648. while we acknowledged that such aims may be proper congressional ..... added). moreover, because it was unlikely that many of the acts of patent infringement affected by the statute had any likelihood of being unconstitutional, we concluded that the scope of the act was out of proportion to its supposed remedial or preventive ..... prepaid, we considered the validity of the eleventh amendment abrogation provision in the patent and plant variety protection remedy clarification act (patent remedy act). we held that the statute, which subjected states to patent infringement suits, was not appropriate legislation under 5 of the fourteenth amendment. the patent remedy act failed to meet our congruence and proportionality test first because " ..... congress identified no pattern of patent infringement by the states, let alone a pattern of constitutional violations." 527 u. s., at 640 (emphasis .....

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Jun 23 1999 (FN)

College Savings Bank Vs. Florida Prepaid Postsecondary Ed. Expense Bd.

Court : US Supreme Court

Decided on : Jun-23-1999

..... economy. cf. florida prepaid postsecondary ed. expense bd. v. college savings bank, ante, at 656-660 (stevens, j., dissenting) (illustrating the harm the rules work to the patent system). similarly, those rules will inhibit the creation of innovative legal regimes, say, incentive-based or decentralized regulatory systems, that deliberately take account of local differences by assigning roles, ..... act); 17 u. s. c. 511(a) (subjecting states to suit for copyright infringement); and 35 u. s. c. 271(h) (subjecting states to suit for patent infringement). and a congress that includes the state not only within its substantive regulatory rules but also (expressly) within a related system of private remedies likely believes that a remedial ..... it has administered a tuition prepayment program designed to provide individuals with sufficient funds to cover future college expenses. college savings brought a patent infringement action against florida prepaid in united states district court in new jersey. that action is the subject of to day's decision in florida prepaid postsecondary ed. ..... princeton, new jersey. since 1987, 671 it has marketed and sold college sure certificates of deposit designed to finance the costs of college education. college savings holds a patent upon the methodology of administering its college sure certificates. respondent florida prepaid postsecondary education expense board (florida prepaid) is an arm of the state of florida. since 1988, .....

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Jun 24 1999 (FN)

Whitfield Vs. Texas

Court : US Supreme Court

Decided on : Jun-24-1999

..... this court's rule 12.4), also on motions for leave to proceed in forma pauperis. 886 dinary writs, all of which were both patently frivolous and had been denied without recorded dissent. he thereafter filed another patently frivolous petition for certiorari, which we denied. the instant petition for certiorari thus brings whitfield's total number of frivolous filings to nine. we .....

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May 17 1999 (FN)

Saenz Vs. Roe

Court : US Supreme Court

Decided on : May-17-1999

..... one-year waiting period .... if a law has 'no other purpose ... than to chill the assertion of constitutional rights by penalizing those who choose to exercise them, then it [is] patently unconstitutional.' united states v. jackson, 390 u. s. 570 , 581 (1968)." id., at 631. 500 stead of being subjected to the strictest scrutiny, the statute should be upheld if it .....

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Jun 21 1999 (FN)

Fertel-rust Vs. Milwaukee County Mental Health Center Et Al

Court : US Supreme Court

Decided on : Jun-21-1999

..... . 1013 (1994); fertel-rust v. milwaukee police dept., 513 u. s. 945 (1994). before these four denials, fertel-rust had filed three petitions for certiorari, all of which were both patently frivolous and denied without recorded dissent. the instant petition 470 stevens, j., dissenting for certiorari thus brings fertel-rust's total number of frivolous filings to eight. we enter the .....

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Jan 12 1999 (FN)

Buckley Vs. American Constitutional Law Foundation, Inc.

Court : US Supreme Court

Decided on : Jan-12-1999

..... to enforce its laws prohibiting circulation fraud and to guarantee the state's ability to exercise its subpoena power over those who violate these laws, see ante, at 196, two patently legitimate interests. see, e. g., timmons v. twin cities area new party, 520 u. s., at 366 367; schaumburg v. citizens for a better environment, 444 u. s. 620 , 636 .....

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