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Judgment Search Results Home > Cases Phrase: patents Sorted by: old Court: us supreme court Year: 2004 Page 1 of about 19 results (0.051 seconds)

May 03 2004 (FN)

Jones Vs. R. R. Donnelley and Sons Co.

Court : US Supreme Court

Decided on : May-03-2004

..... the constitution, laws, or treaties of the united states ); 1338(a) ( the district courts shall have original jurisdiction of any civil action arising under any act of congress relating to patents, plant variety protection, copyrights and trademarks ). footnote 6 see, e.g., christianson v. colt industries operating corp., 486 u. s. 800 , 808 (1988) (a case may arise under federal law ..... if federal law is a necessary element of [a claim] ); holmes group, inc. v. vornado air circulation systems, inc., 535 u. s. 826 , 830 (2002) (a claim arises under patent law if either federal patent law creates the cause of action or the plaintiff s right to relief necessarily depends on resolution of a substantial question of federal ..... patent law ). footnote 7 see, e.g., heckler v. ringer, 466 u. s. 602 , 615 (1984) (a claim arises under the medicare act for purposes of 42 u. s. c. 405( .....

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Dec 08 2004 (FN)

Kp Permanent Make-up, Inc. Vs. Lasting Impression I, Inc.

Court : US Supreme Court

Decided on : Dec-08-2004

..... defense that a descriptive use be [un]likely to deceive the public. hearings on h. r. 102 et al . before the subcommittee on trade-marks of the house committee on patents, 77th cong., 1st sess., 167 168 (1941) (hereinafter hearings) (testimony of prof. milton handler). footnote 5 see also hearings 72 (testimony of wallace martin, chairman, american bar association committee on ..... appeals courts took it to be so, and the disputed facts do not matter to our resolution of the issue.[ footnote 1 ] in 1992, lasting applied to the united states patent and trademark office (pto) under 15 u. s. c. 1051 for registration of a trademark consisting of the words micro colors in white letters separated by a green bar within .....

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Feb 24 2004 (FN)

Groh Vs. Ramirez

Court : US Supreme Court

Decided on : Feb-24-2004

..... deprived of qualified immunity whenever he violates an internal guideline. we refer to the atf order only to underscore that petitioner should have known that he should not execute a patently defective warrant. footnote 8 although both sheppard and leon involved the application of the good faith exception to the fourth amendment s general exclusionary rule, we have explained that the ..... whether the magistrate was aware of the scope of the search he was authorizing. nor would it have been reasonable for petitioner to rely on a warrant that was so patently defective, even if the magistrate was aware of the deficiency. see united states v. leon, 468 u. s. 897 , 915, 922, n. 23 (1984). footnote 5 it is true, as .....

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Mar 31 2004 (FN)

Bedroc Limited, Llc Vs. United States

Court : US Supreme Court

Decided on : Mar-31-2004

..... and gravel were not considered locatable under the general mining law ).[ footnote 7 ] thus, in the unlikely event that some ambitious prospector had sought a patent from the united states in 1919 to extract sand and gravel from pittman act lands, the secretary of the interior would have flatly refused him. the government ..... all the coal and other valuable minerals, 8, 41 stat. 295 (emphasis added). the question before us in western nuclear was whether gravel found on lands patented under the [srha] is a mineral reserved to the united states. 462 u. s., at 38. a closely divided court held that it is. id., ..... -raising lands. 43 u. s. c. 291 (1976 ed.) (repealed by pub. l. 94 579, 90 stat. 2787). a person could obtain a patent under the srha if he resided on stock-raising lands for three years, ibid. , and ma[de] permanent improvements upon the land tending to increase the value ..... predecessors-in-interest began extracting sand and gravel from land patented under the pittman act, the bureau of land management ruled that he had trespassed against the government s reserved interest in the property s valuable minerals ..... designate certain nonmineral nevada lands on which settlers could obtain permits to drill for water. under 8 of the pittman act, each land grant, or patent, reserved to the united states all coal and other valuable minerals in the lands, and the right to remove the same. when one of petitioners .....

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May 17 2004 (FN)

Tennessee Vs. Lane

Court : US Supreme Court

Decided on : May-17-2004

..... discrimination here confirms that congress had no reason to believe that broad prophylactic legislation was necessary ); florida prepaid, supra, at 645 ( the legislative record thus suggests that the patent remedy act did not respond to a history of widespread and persisting deprivation of constitutional rights of the sort congress has faced in enacting proper prophylactic 5 legislation (quoting city ..... park or sports stadium, for example, bears no permissible prophylactic relationship to enabling disabled persons to exercise their fundamental constitutional rights. thus, as with title i in garrett , the patent remedy act in florida prepaid , the age discrimination in employment act of 1967 in kimel , and the rfra in city of boerne , all of which we invalidated as attempts ..... simply because it purports to enforce due process rights. see florida prepaid postsecondary ed. expense bd. v. college savings bank, 527 u. s. 627 , 645 646 (1999) (invalidating patent remedy act, which purported to enforce the due process clause, because congress failed to identify a record of constitutional violations); city of boerne v. flores, 521 u. s. 507 , 530 ..... adhered to it in later cases: florida prepaid postsecondary ed. expense bd. v. college savings bank, 527 u. s. 627 (1999), where we held that the provisions of the patent and plant variety protection remedy clarification act, 35 u. s. c. 271(h), 296(a), were so out of proportion to a supposed remedial or preventive object that [they] cannot .....

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Jun 14 2004 (FN)

F. Hoffman-la Roche Ltd. Vs. Empagran S. A.

Court : US Supreme Court

Decided on : Jun-14-2004

..... covers many different kinds of anticompetitive agreements. courts would have to examine how foreign law, compared with american law, treats not only price fixing but also, say, information-sharing agreements, patent-licensing price conditions, territorial product resale limitations, and various forms of joint venture, in respect to both primary conduct and remedy. the legally and economically technical nature of that enterprise .....

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Jun 29 2004 (FN)

Ashcroft Vs. American Civil Liberties Union

Court : US Supreme Court

Decided on : Jun-29-2004

..... and lacks serious literary, artistic, political, or scientific value. insofar as material appeals to, or panders to, the prurient interest, it simply seeks a sexual response. insofar as patently offensive material with no serious value simply seeks that response, it does not seek to educate, it does not seek to elucidate views about sex, it is not artistic, and ..... minors , [that the material] is designed to appeal to, or is designed to pander to, the prurient interest; (b) [the material] depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals ..... ) . . . the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest . . . ; (b) . . . the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) . . . the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. miller v. california ..... whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (b) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals .....

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Dec 13 2004 (FN)

Brosseau Vs. Haugen

Court : US Supreme Court

Decided on : Dec-13-2004

..... necessary to such a finding ); see also lanier , 520 u. s., at 269. indeed, the cases the majority relies on are inapposite and, in fact, only serve to illuminate the patent unreasonableness of brosseau s actions.[ footnote 4 ] rather than uncertainty about the law, it is uncertainty about the likely consequences of haugen s flight or, more precisely, uncertainty about how .....

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Jan 15 2004 (SC)

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Decided on : Jan-15-2004

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... to mean, "land ofwhatever description ... and includes all benefits to arise out of land".lands held for carrying on mining operations would be taken in by the saiddefinition. it is patently clear that 'minerals', which are benefitsarising out of land, will be roped in within the purview of the levy undersection 3(1) read with section 2(c) of the act ..... a grantor or lessor, on the working of the property leased, or otherwise on the profits of the grant of lease. the word is especially used in reference to mines/ patents and copyrights."prem's judicial dictionary (1992, vol. 2, page 1458) - "royalties are payments which the government may demand for the appropriation of minerals, timber or other property belonging to ..... the demised mineral worked within a specified period"wharton's law lexicon (fourteenth edition, page 893) - "royalty, payment to a patentee by agreement on every article made according to his patent; or to an author by a publisher on every copy of his book sold; or to the owner of minerals for the right of working the same on every ton ..... , that part of the reddendum which is variable, and depends upon the quantity of minerals gotten or the agreed payment to a patentee on every article made according to the patent. rights or privileges for which remuneration is payable in the form of a royalty"words and phrases, legally defined (third edition, 1990, vol.4, page 112) - "a royalty, in the .....

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Mar 09 2004 (SC)

Jagdish Ram Vs. State of Rajasthan and anr.

Court : Supreme Court of India

Decided on : Mar-09-2004

Reported in : AIR2004SC1734; 2004(1)ALD(Cri)672; JT2004(3)SC202; 2004(3)SCALE49; (2004)4SCC432; 2004(2)LC1075(SC)

y.k. sabharwal, j.1. this matter pertains to an incident that took place in the year 1985. the criminal proceedings before the magistrate have not crossed the stage of taking cognizance. one of the contentions urged in this appeal for quashing the criminal proceedings is long delay of 19 years.2. the appellant is a district ayurvedic officer. the complainant is a class iv employee in ayurvedic aushdhalaya, fatehgarh. according to the complainant on 7th november, 1985 when the appellant visited the said place several patients were present. the appellant asked the complainant to bring water. when the complainant brought water, he was insulted by the appellant who said to him 'i do not want to spoil my religion by drinking water from your hands. how have you dared to give water' and started abusing him. the complainant has filed a complaint in the court of chief judicial magistrate alleging commission of offence punishable under section 7 of the protection of civil rights act, 1955 (hereinafter referred to as 'the act').3. the practice of untouch ability in any form has been forbidden by article 17 of the constitution of india which inter alia provides that 'untouch ability' is abolished, the enforcement of any disability arising out of 'untouch ability' shall be an offence punishable in accordance with law. to comply the mandate of the constitution, the act has been enacted inter alia with a view to prescribe punishment for the preaching and practice of 'untouch ability', for .....

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