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Judgment Search Results Home > Cases Phrase: patents Sorted by: recent Court: us supreme court Year: 2002 Page 1 of about 23 results (0.056 seconds)

Oct 09 2002 (FN)

Eldred Vs. Ashcroft

Court : US Supreme Court

Decided on : Oct-09-2002

..... 240 the justification for preserving such works may be, that justification applies equally to works whose copyrights have already expired. yet no one seriously contends that the copyright/patent clause would authorize the grant of monopoly privileges for works already in the public domain solely to encourage their restoration. finally, even if this concern with aging movies ..... these private bills do not support respondent's historical gloss, but rather significantly undermine the historical claim. the first example relied upon by respondent, the extension of oliver evans' patent in 1808, ch. 13, 6 stat. 70, demonstrates the pitfalls of relying on an incomplete historical analysis. evans, an inventor who had developed several improvements in milling ..... majority describes, extend existing protections retroactively. other changes, however, did not do so. a more complete and comprehensive look at the history of congressional action under the copyright/patent clause demonstrates that history, in this case, does not provide the "'volume of logic,'" ante, at 200, necessary to sustain the sonny bono act's constitutionality. congress, ..... however, advances four arguments in support of the constitutionality of such retroactive extensions: (1) the first copyright act enacted shortly after the consti- 4 "the copyright law, like the patent statutes, makes reward to the owner a secondary consideration. in fox film corp. v. doyal, 286 u. s. 123 , 127, chief justice hughes spoke as follows respecting .....

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Jun 03 2002 (FN)

Holmes Group, Inc. Vs. Vornado Air Circulation Systems, Inc.

Court : US Supreme Court

Decided on : Jun-03-2002

..... 800 (1988), in which this court affirmed the jurisdictional decision of the federal circuit; in discussing the "well-pleaded complaint rule," the federal circuit observed that a patent infringe- trict court's judgment rests on multiple grounds, directing the appeal is a relatively straightforward matter by reference to the complaint. as judge easterbrook explains in kennedy v ..... and there is very good reason not to make the choice of appellate forum turn on such distinctions. requiring assessment of a defendant's motive in raising a patent counterclaim or the counterclaim's relative strength wastes judicial resources by inviting "unhappy interactions between jurisdiction and the merits." kennedy there is, of course, a countervailing interest ..... of jurisdiction under 1338(a).2 as the instant litigation demonstrates, claims sounding in these other areas of intellectual property law are not infrequently bound up with patent counterclaims. the potential number of cases in which a counterclaim might direct to the federal circuit appeals that congress specifically chose not to place within its exclusive ..... not infringe respondent's trade dress and an injunction restraining respondent from accusing it of trade-dress infringement in promotional materials. respondent's answer asserted a compulsory counterclaim alleging patent infringement. the district court granted petitioner the declaratory judgment and injunction it sought. 93 f. supp. 2d 1140 (kan. 2000). the court explained that the .....

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May 28 2002 (FN)

Festo Corp. Vs. Shoketsu Kinzoku Kogyo Kabushiki Co.

Court : US Supreme Court

Decided on : May-28-2002

..... the patent. prosecution history estoppel ensures that the doctrine of equivalents remains tied to its underlying purpose. where the original application once embraced the purported equivalent but the patentee ..... (ca fed. 1997) ("prosecution history estoppel ... preclud[es] a patentee from regaining, through litigation, coverage of subject matter relinquished during prosecution of the application for the patent"). were it otherwise, the inventor might avoid the pto's gatekeeping role and seek to recapture in an infringement action the very subject matter surrendered as a condition of receiving ..... and electronics engineers-united states of america by andrew c. greenberg and matthew j. conigliaro; for medimmune, inc., by harvey kurzweil and henry j. ricardo; for the patent, trademark, & copyright section of the bar association of the district of columbia by william p. atkins; for the philadelphia intellectual property law association by joan taft kluger and ..... 29, which had acknowledged that competitors may rely on the prosecution history to estop the patentee from recapturing subject matter surrendered by amendment as a condition of obtaining the patent. on remand, the en banc federal circuit reversed, holding that prosecution history estoppel applied. the court ruled that estoppel arises from any amendment that narrows a claim .....

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Jun 27 2002 (FN)

Zelman Vs. Simmons-harris

Court : US Supreme Court

Decided on : Jun-27-2002

..... neutrality by noting that the better part of total state educational expenditure goes to public schools, ante, at 654, thus showing there is no favor of religion. the illogic is patent. if regular, public schools (which can get no voucher payments) "participate" in a voucher scheme with schools that can, and public expenditure is still predominantly on public schools, then the .....

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Jun 20 2002 (FN)

Rush Prudential Hmo, Inc. Vs. Moran

Court : US Supreme Court

Decided on : Jun-20-2002

..... incompatible with erisa's enforcement scheme; the law provided a form of ultimate relief in a judicial forum that added to the judicial remedies provided by erisa. any such provision patently violates erisa's policy of inducing employers to offer benefits by assuring a predictable set of liabilities, under uniform standards of primary conduct and a uniform regime of ultimate remedial .....

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May 28 2002 (FN)

Bell Vs. Cone

Court : US Supreme Court

Decided on : May-28-2002

..... face of the prosecution's request for death,15 are nothing short of incredible. moreover, dice's explanations for his decisions not only were uncorroborated, but were, in my judgment, patently unsatisfactory. indeed, his rambling and often incoherent descriptions of his unusual trial strategy lend strong support to the court of appeals' evaluation of this case and its decision not to .....

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May 28 2002 (FN)

Gisbrecht Vs. Barnhart

Court : US Supreme Court

Decided on : May-28-2002

..... ) of the total amount paid pursuant to any award certified under the provisions of this title ... on account of such claim."). 804 tort litigation, are also used in, e. g., patent litigation, real estate tax appeals, mergers and acquisitions, and public offerings. see aba formal opinion 94-389, aba/bna lawyers' manual on professional conduct 1001:248, 1001:250 (1994). but .....

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May 20 2002 (FN)

Verizon Md. Inc. Vs. Public Serv. Comm'n of Md.

Court : US Supreme Court

Decided on : May-20-2002

..... in state court); florida prepaid postsecondary ed. expense bd. v. college savings bank, 527 u. s. 627 , 633 (1999) (money damages and injunctive and declaratory relief against a state for patent infringement); college savings bank v. florida prepaid postsecondary ed. expense bd., 527 u. s. 666 , 671 (1999) (same for trademark violations); seminole tribe, supra, at 47 (suit to compel state .....

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Apr 16 2002 (FN)

Ashcroft Vs. Free Speech Coalition

Court : US Supreme Court

Decided on : Apr-16-2002

..... general of mass., 383 u. s. 413 , 419 (1966) (plurality opinion) ("[t]he social value of the book can neither be weighed against nor canceled by its prurient appeal or patent offensiveness"). under miller, the first amendment requires that redeeming value be judged by considering the work as a whole. where the scene is part of the narrative, the work itself ..... federal prohibition on obscenity. under miller v. california, 413 u. s. 15 (1973), the government must prove that the work, taken as a whole, appeals to the prurient interest, is patently offensive in light of community standards, and lacks serious literary, artistic, political, or scientific value. id., at 24. the cppa, however, extends to images that appear to depict a minor ..... cppa, which proscribes any depiction of sexually explicit activity, no matter how it is presented. it is not necessary, moreover, that the image be patently offensive. pictures of what appear to be 17-year-olds engaging in sexually explicit activity do not in every case contravene community standards. the cppa also prohibits speech having serious ..... images that are not obscene under the miller standard, which requires the government to prove that the work in question, taken as a whole, appeals to the prurient interest, is patently offensive in light of community standards, and lacks serious literary, artistic, political, or scientific value, 413 u. s., at 24. materials need not appeal to the prurient interest under the .....

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Dec 11 2002 (SC)

Dr. Prabha Atri Vs. the State of U.P. and ors.

Court : Supreme Court of India

Decided on : Dec-11-2002

Reported in : AIR2003SC534; 2003(1)AWC574(SC); JT2002(10)SC295; (2003)ILLJ1123SC; (2003)1MLJ103(SC); (2003)1SCC701; [2002]SUPP5SCR27; 2003(1)LC415(SC); (2003)1UPLBEC772

raju, j.1. leave granted.2. the appellant, who was working as anesthetist in kamla nehru memorial hospital, allahabad, was issued with a memo dated 5.1.1999, bringing to her notice a lapse in that she left without informing even dr. banerjee, when he requested her around 1300 hrs to give anaesthesis to one patient admitted in emergency with shock due to ruptured uterus, which needed urgent operation, and such conduct not only amounted to negligence as per hospital service rule 10(i) but also was against medical ethics. she was also asked to submit her explanation by 5.00 p.m. on 6.1.1999, failing which it would be taken that she accepted the lapse and the hospital would be at liberty to proceed against her as per service rules. since the appellant did not respond, on 8.1.1999 the appellant was placed under suspension with immediate effect, pending institution of a domestic enquiry pertaining to the above incident. on receipt of the said memo on 9.1.1999, the appellant replied to the secretary of the hospital that she had already clarified her position verbally in his presence that on that day she was sick and very tired, that dr. navneeta banerjee also denied having made any complaint as such except writing for purposes of record about the incident and that formal reply in writing was not sent since she had already explained the position and nothing more was required. she further added in her letter as hereunder:-'your letter is uncalled for and should be withdrawn. i have .....

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