In early December, the Supreme Court will hear oral arguments in cases asking the justices to overrule two longstanding ...
Perhaps the public’s more recent charges of judicial activism or legislating from the bench are a reaction to our three branches of government being out of balance.
Joel Brandes at the New York State Court of Appeals in September 2016 in Albany, New York. (Photo/Hans Pennink) “Stare decisis” means “to stand by things decided.” (Black’s Law Dictionary, 11th ed.
A Supreme Court ruling on Friday effectively ended the “Chevron Deference,” a doctrine that’s largely shaped American law for the past 40 years. This decision will significantly cut federal agencies’ ...
The court declined to rule on the issue and decided that Shibuya infringed claim 26 of U.S. Pat. No. 6,209,591 (the ’591 Patent) because, regardless of whether RDOE is a viable defense to patent ...
The alarums are especially loud this year because the court in recent terms has overturned a number of high-profile ...
Douglas T. Kendall [op-ed, Oct. 14] rightly points to the importance of the stability in our constitutional law that is brought by the doctrine of stare decisis -- the principle that the Supreme Court ...
Patentees face many challenges in trying to prove literal infringement, particularly when dealing with competitors who make trivial modifications ...
Earlier this month, I previewed the arguments in Federal Communications Commission v. Consumers’ Research. The case asks the Supreme Court whether the FCC’s Universal Service Fund (USF) violates the ...