With Seagate Overturned, More Careful Analysis of Competitor Patents May Be A Good Idea

By: Sean D. Detweiler The U.S. Supreme Court has just issued a decision in two unrelated cases[1] that overturns the 2007 Federal Circuit ruling[2], known as “Seagate”. The Supreme Court considers Seagate to be “unduly rigid” and overly limiting as to the potential for enhanced damages in patent infringement cases. Since 2007, under the now-overturned-Seagate-analysis, a patent infringer could more easily …

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Sequenom Petitions Supreme Court to Clarify Scope of Mayo in Sequenom v. Ariosa

Late last month, Sequenom, Inc. filed a Petition for Writ of Certiorari requesting the United States Supreme Court to clarify the scope of its Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (2012) decision, as applied to Sequenom’s claimed inventions.  The Mayo decision, which held that a method correlating a drug dosage …

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MBBP Event: Unfair Competition and False Advertising

On August 12th MBBP is hosting a seminar on Unfair Competition/False Advertising: How the Supreme Court's recent decisions impact false advertising claims against competitors. The Supreme Court recently issued two decisions, Lexmark International, Inc. v. Static Control Components, Inc. and POM Wonderful LLC v. Coca-Cola Co., which impact rights a party may have against competitors …

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Supreme Court Rules Aereo’s T.V. Streaming Services Violate Copyright Law

By: Sheri Mason On June 25, 2014, the U.S. Supreme Court ruled that Aereo, Inc.’s T.V. streaming services violate U.S. copyright law, reversing the Second Circuit’s decision that held that Aereo’s system (which consists of tiny antennas housed in a centralized location) “amounted to nothing more than a cloud-computing version of old fashion rabbit ears …

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Supreme Court Expands Pool of Claimants in Whistleblower Case

By: Joseph Marrow On March 4, 2014, the United States Supreme Court issued its decision in a much anticipated whistleblower retaliation case. In its decision, Lawson v. FMR, LLC, No. 12-3, the Supreme Court expanded the coverage of an anti-retaliation claim under Sarbanes-Oxley Act of 2002 (SOX) to an employee of a privately-held contractor (the …

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Supreme Court Review of Whistleblower Case

By: Joseph Marrow Recently, the United States Supreme Court heard oral argument in a whistleblower retaliation case. In Lawson v. FMR, LLC, the Supreme Court is faced with the question whether to expand the coverage of an anti-retaliation claim under Sarbanes-Oxley to an employee of a privately-held contractor (which provides investment management services to Fidelity …

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Impact of the Supreme Court Striking Down the Defense of Marriage Act on Immigration

By: Grant Godfrey On June 26, 2013, the Supreme Court struck down the federal 1996 Defense of Marriage Act (“DOMA”), ruling in a 5-4 decision that the law violates the rights of gays and lesbians and intrudes into states’ rights to define and regulate marriage. DOMA prohibits the federal government from recognizing same-sex marriages, even …

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Massachusetts Supreme Judicial Court Upholds Right to Enforce Employment Arbitration Agreements

MBBP Employment Attorney Bob Shea has written an article titled "Massachusetts Supreme Judicial Court Upholds Right to Enforce Employment Arbitration Agreements". The article discusses a recent decision by the Massachusetts Supreme Judicial Cuort ("SJC"), Joulé, Inc. v. Simmons, 459 Mass. 88 (2011), in which the SJC upheld an employer's right to compel an employee to arbitrate her …

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