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Everybody Wins: The Supreme Court Upholds the Fraud-on-the-Market Presumption of Reliance But Allows Defendants to Fight Back

On Monday, the U.S. Supreme Court saved securities class-action plaintiffs from their worst nightmare and upheld the fraud-on-the-market presumption of reliance in securities class actions filed under Section 10(b) of the...more

6/26/2014 - Basic v Levinson Class Certification Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Presumption of Reliance SCOTUS Securities Fraud

Despite Rebuke, EPA May Regulate Stationary Greenhouse-Gas Emitters

On June 23, 2014, in Utility Air Regulatory Group v. EPA et al., No. 12-1146 (and related cases), the Supreme Court held that the Environmental Protection Agency (EPA) may require certain greenhouse-gas emitters to install...more

6/24/2014 - Carbon Emissions Clean Air Act Climate Change Environmental Policies EPA Greenhouse Gas Emissions SCOTUS Utilities Sector Utility Air Regulatory Group v EPA

Supreme Court Limits Software Patents on “Abstract” Ideas

On June 19, in Alice Corp. Pty. Ltd. v. CLS Bank Int’l et al., No. 13-298, the Supreme Court unanimously held that a party may not patent “generic computer implementation” of an abstract business idea. Relying on the Court’s...more

6/20/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

Supreme Court Limits Induced Infringement Liability—For Now

On June 2, 2014, in Limelight Networks, Inc. v. Akamai Technologies, Inc., et al., No. 12-786, the Supreme Court unanimously rejected the Federal Circuit’s conclusion that a defendant can be liable for inducing infringement...more

6/6/2014 - Akamai Technologies Induced Infringement Limelight Limelight Networks Patent Infringement Patent Litigation Patents SCOTUS

Supreme Court Strengthens the Definiteness Requirement for Patent Claims

On June 2, 2014, in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, the Supreme Court unanimously rejected the Federal Circuit’s test for determining indefiniteness of a patent claim as “lack[ing] the precision that §...more

6/5/2014 - Definiteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

Supreme Court Copyright Decision Determines When Laches Applies

On May 19, 2014, in a six-to-three decision written by Justice Ginsburg, the U.S. Supreme Court held that the doctrine of laches did not bar either legal or equitable relief in a copyright case that was brought within the...more

5/27/2014 - Copyright Copyright Infringement Equitable Relief Laches MGM Petrella v. MGM SCOTUS Statute of Limitations

Supreme Court Makes It Easier for District Courts to Sanction Unreasonable Patent Litigants

Yesterday, the Supreme Court announced its much-anticipated decisions concerning a district court’s authority to award attorney fees in “exceptional” patent cases under 35 U.S.C. § 285. Those two decisions provide greater...more

4/30/2014 - Attorney's Fees Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

Supreme Court Campaign Finance Decision Invalidates Aggregate Limits

Yesterday, in a five-to-four decision written by Chief Justice Roberts, the U.S. Supreme Court invalidated the aggregate limits restricting the total contributions individual donors could make to candidates, political action...more

4/3/2014 - Aggregation Rules FEC McCutcheon v. FEC Political Contributions SCOTUS

SCOTUS Review of GHG Regulations – Opportunity for the Oil and Gas Sector?

The Supreme Court announced this week that it would review the U.S. Environmental Protection Agency’s (EPA) authority to regulate “greenhouse gases” (GHGs) under the Clean Air Act. While the Court accepted six petitions for...more

10/21/2013 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions Oil & Gas SCOTUS

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