News & Analysis as of September 23, 2024

Supreme Court of the United States › Right to a Jury

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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 -

In SEC v. Jarkesy, Supreme Court Leaves Open Constitutional Challenges Related to FTC Structure and Process

Axinn, Veltrop & Harkrider LLP on 6/28/2024

In a much-watched case concerning the administrative state, on June 27, the Supreme Court decided in SEC v. Jarkesy that defendants facing a fraud suit by the SEC have a Seventh Amendment right to a jury trial in an Article...more

SCOTUS Predictions: Supreme Court Set to Limit Labor Board’s Reach Over Employers in Surprising Way

Fisher Phillips on 2/23/2024

An impending Supreme Court decision is poised to transform how the National Labor Relations Board decides cases and may fundamentally alter the course of labor relations as we know it. We predict that a SCOTUS decision to be...more

The Supreme Court Will Determine When Federal Agencies Must Provide for the Right to a Jury Trial in Civil Enforcement Actions

Seyfarth Shaw LLP on 8/10/2023

The United States Supreme Court recently granted Certiorari in a closely watched case that could have significant consequences for the Securities and Exchange Commission (SEC) and certain other federal administrative...more

Key California Employment Law Cases: July 2020

Payne & Fears on 8/11/2020

Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) - Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more

2019 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2018 Decisions: Oil States Energy Servs., LLC v. Green’s...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/19/2019

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the Supreme Court ruled that inter partes reviews (IPRs) do not improperly divest the courts of their judicial authority and do not violate the Seventh...more

Supreme Court Upholds Constitutionality of Inter Partes Review of Issued Patents

Farella Braun + Martel LLP on 4/27/2018

On April 24, 2018, the Supreme Court issued a decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC rejecting a Constitutional challenge to the inter partes review (IPR) procedure for challenging an issued...more

Supreme Court Issues Two Important Decisions Affecting Inter Partes Review Patent Challenges

Knobbe Martens on 4/25/2018

The Supreme Court has issued two important decisions affecting Inter Partes Review (“IPR”) and other post-grant patent challenges conducted by the Patent Trial and Appeal Board (“PTAB”)....more

Supreme Court Confirms Inter Partes Review Is Constitutional

Snell & Wilmer on 4/25/2018

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the United States Supreme Court held today, in a 7-2 decision, that the inter partes review process under the America Invents Act (AIA), 35 U.S.C. § 100 et...more

2017-18 Supreme Court Update

Skadden, Arps, Slate, Meagher & Flom LLP on 1/29/2018

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

Will Inter Partes Reviews Be Abolished By The Supreme Court?

Dickinson Wright on 12/22/2017

On November 27, 2017, the Supreme Court heard oral arguments in a case that could undermine a key provision in the America Invents Act. Oil States Energy Services, LLC v. Greene’s Energy Group, LLC (Oils States). The issue...more

Is a Patent a Private or Public Right? -- Supreme Court Hears Oral Arguments in Oil States Energy Services, LLC. v. Greene's...

McDonnell Boehnen Hulbert & Berghoff LLP on 12/1/2017

Leading up to the Supreme Court oral argument for Oil States Energy Services, LLC. v. Greene's Energy Group, LLC on November 27, 2017, there was a lot of discussion regarding whether patents were a private or public right. ...more

Oil States Energy Services, LLC v. Greene's Energy Group, LLC -- Positions Taken in Selected Amicus Curiae Briefs

McDonnell Boehnen Hulbert & Berghoff LLP on 11/28/2017

On November 27, 2017, the Supreme Court considered the question of whether the inter partes review process established by the U.S. Patent and Trademark Office in implementing portions of the Leahy-Smith America Invents Act or...more

Oil States Preview Take II -- Just What Did the Supreme Court Hold in McCormick Harveting Machine v. Aultman?

McDonnell Boehnen Hulbert & Berghoff LLP on 11/22/2017

Last week, we provided a preview of the Supreme Court case Oil States Energy Services, LLC. v. Greene's Energy Group, LLC. that will be argued on November 27, 2017. The underlying case has received a lot of attention, so it...more

Federal Circuit Denies Motion to Stay Pending Supreme Court Decision in Oil States

Jones Day on 7/4/2017

On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Group, LLC, to decide whether inter partes review (IPR) violates the Constitution by extinguishing patent rights...more

Supreme Court to Decide the Constitutionality of Inter Partes Review

Mintz - Intellectual Property Viewpoints on 6/24/2017

In a move that could drastically change the patent law landscape, the United States Supreme Court recently granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group LLC, No. 16-712, to answer the question...more

SCOTUS: Supreme Court Takes Up Constitutionality of AIA Reviews

McDonnell Boehnen Hulbert & Berghoff LLP on 6/21/2017

On June 12, 2017, in Oil States Energy Services v. Greene’s Energy Grp., LLC, Case No. 16-712, the Supreme Court accepted certiorari on the question of whether the IPR regime set out by Congress in the AIA is constitutional....more

Supreme Court to Consider Constitutionality of AIA Inter Partes Review Proceedings

Snell & Wilmer on 6/15/2017

The Supreme Court has granted a writ of certiorari challenging the constitutionality of inter partes review proceedings conducted by the United States Patent and Trademark Office under the America Invents Act. The Court’s...more

Supreme Court Will Decide Whether IPRs Are Unconstitutional

Knobbe Martens on 6/14/2017

The Supreme Court granted a petition for writ of certiorari to address whether inter partes review – an adversarial process used by the Patent Office to determine the validity of existing patents – is unconstitutional in Oil...more

High Court to Address Constitutionality of Inter Partes Reviews

Orrick, Herrington & Sutcliffe LLP on 6/14/2017

On June 12, 2017, the U.S. Supreme Court in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (U.S. June 12, 2017) granted certiorari to decide next term if certain American Invents Act (AIA) review proceedings,...more

Supreme Court to Review the Constitutionality of AIA Patent Review Proceedings

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/13/2017

Yesterday, the Supreme Court granted certiorari in a case that may have profound implications for U.S. patent law by abolishing inter partes reviews at the U.S. Patent & Trademark Office (USPTO). In Oil States Energy...more

Do Arbitration Agreements Between Nursing Homes and Patients Violate Public Policy-- or Are They Enforceable Under the FAA?

Pullman & Comley, LLC on 2/26/2017

The Federal Arbitration Act (FAA) provides for enforcement of arbitration agreements in a “contract evidencing a transaction involving commerce” in the district court. A nursing home sought to enforce arbitration agreements...more

Is Evidence of Juror Bias in Deliberations Admissible? Supreme Court to Decide

Proskauer - Minding Your Business on 4/21/2016

What happens in the jury room, stays in the jury room. Except when it doesn’t. Earlier this month, the Supreme Court agreed to hear the appeal of a Colorado man whose counsel learned, after the guilty verdict was rendered,...more

The Supreme Court - April 2016

Dorsey & Whitney LLP on 4/7/2016

The Supreme Court of the United States issued decisions in two cases on April 4, 2016: - Evenwel v. Abbott, No. 14-940: In this legislative redistricting case, certain voters brought a challenge to the redistricting in...more

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Supreme Court of the United States › Right to a Jury

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