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Supreme Court of the United States › Legal Perspectives

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
JD Supra Perspectives

Does Scalia's Death Change How the Supreme Court Will Decide Obama's Immigration Agenda?

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The recent death of Justice Antonin Scalia adds to the drama and speculation surrounding US v Texas, and may help to tip its ultimate resolution in the Obama administration’s favor. ...more

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Can we patent products found in nature? It's complicated. An update on Australia's Myriad decision...

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It remains to be seen if this new Myriad decision in Australia will be extended as it was in the U.S. to prevent virtually any product found in nature from being patented....more

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Sound Off: How SCOTUS Will Decide King v. Burwell - What Say You?

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"What if you had a ticket to the apocalypse and a legal argument broke out instead?"And what if you had a chance to speak your mind? Go!...more

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The Supreme Court’s 'Non-Decision' On Same-Sex Marriage: The Impact On Employee Benefits After 'Windsor'

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This is a rally call for employers to evaluate employee benefit plan documents for compliance....more

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It’s All Over But the Shouting! What Do Employers Do Now That Gay Marriage Is Effectively Legal Everywhere?

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By denying cert in seven cases covering five states, the Supreme Court effectively legalized gay marriage in most, if not all of the United States....more

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The Supreme Court Decides Aereo, Finds That Transmitting Copyrighted Programs To Subscribers Is A Public Performance

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While the decision is ostensibly limited to Aereo’s particular service, it offers some guidance on how broadcast networks, cable-alternative companies like Aereo, and other content providers can innovate within the bounds of...more

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The Impact of NLRB v. Canning - Q&A With Former NLRB Member Brian E. Hayes

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The unconstitutionality of the appointments directly impacts all of the employees, employers, and unions that were involved in any of the now invalid decisions....more

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What the Supreme Court's Aereo Ruling Might Mean for Cloud Storage Platforms

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In the Supreme Court's Aereo ruling, at least one of the things not decided was whether a cloud storage platform, such as Dropbox or iCloud, would run afoul of the copyright laws’ protection of the “public performance” right...more

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Aereo’s Antenna Arrays and Streaming of Broadcast Programming to Individual Subscribers Found Infringing

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Citing Aereo’s “overwhelming likeness to the cable companies targeted by the 1976 amendments”, the majority found that Aero is not just an equipment supplier and that it “performs” the broadcasted works....more

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Underdog or Underhanded: The Real Issues Behind Aereo

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How do you prove someone is breaking the law, if the technology they are using to do so didn’t even exist when the law was written?...more

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Are Patent Trolls Likely to Become More Circumspect in Filing Strategies After Recent SCOTUS Opinions?

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The recent Octane Fitness and Highmark, Inc. opinions, both authored by Justice Sotomayor after unanimous holdings by the United States Supreme Court, were a welcome development for corporate defendants in patent infringement...more

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Weak Patent Case? Think Twice Before Filing, In Light of Two 'Exceptional' SCOTUS Decisions

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In light of these decisions, patentees with weak cases may think twice about filing, now that they face a credible risk of having to pay defendants’ attorney fees. By the same token, accused infringers with questionable...more

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Love Is Love, But in Light of DOMA Employers Should Adjust Health, Retirement, and Tax Planning

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Now that they Supreme Court has ruled, in a common refrain heard on Twitter today, that love is love is love, what does this actually mean going forward? And, specifically, we asked attorneys writing on JD Supra to tell us...more

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SCOTUS: Human Genes Cannot Be Patented. Is This the End or Beginning of Genetic Research?

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For a Legal Perspective on today's much-anticipated U.S. Supreme Court "Myriad" decision that naturally occuring substances are not patentable, we turned to IP attorneys writing on JD Supra...more

JD Supra Perspectives

[Legal Perspective] Can Human Genes Be Patented?

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Earlier this month, the United States Supreme Court heard oral arguments in a case that comes down to a single question: can human genes be patented?...more

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