The United States Supreme Court was called upon to decide whether the Religious Freedom Restoration Act of 1993 [RFRA] permits the United States Department of Health and Human Services [HHS] to demand that closely held corporations provide health insurance coverage by methods of contraception that violate sincerely held religious beliefs of the companies’ owners. One […]
Buffer Zone Outside Abortion Clinics Violates First Amendment.
Petitioners are individuals who approach and talk to women outside abortion clinics, attempting to dissuade them from obtaining abortions. In an effort to address clashes between abortion opponents and advocates of abortion rights, Massachusetts passed a law which makes it a crime to knowingly stand on a “public way or sidewalk within 35 feet of […]
Prior To Cell Phones, Our Founders Wrote: “The Right Of The People To Be Secure In Their Persons, Houses, Papers, And Effects, Against Unreasonable Searches And Seizures, Shall Not Be Violated.” Fourth Amendment.
A California man was stopped for driving with expired registration. His car was impounded and an inventory search revealed loaded firearms. Incident to arrest, the man was also searched, and police seized his cell phone from his pants pocket. Police accessed information in the “smart phone,” and found significant evidence of gang involvement. In the […]
Intersection Of Two Federal Laws In Unfair Competition Context.
The Lanham Act [15 U.S.C. § 1125] permits one competitor to sue another for unfair competition arising from false or misleading product descriptions. The Food, Drug and Cosmetic Act [21 U.S.C. §§ 321(f) and 331] prohibits the misbranding of food and drink, and gives exclusive enforcement authority to the federal government. In the present matter, […]
New Standard Set To Test Whether A Patent Is Ambiguous.
The United States Supreme Court remanded a patent case involving a heart rate monitor used with exercise equipment to the Federal Circuit to apply a new standard regarding whether or not a patent is ambiguous. The high court stated: “[W]e hold that a patent is invalid for indefiniteness if its claims, read in light of […]
No Liability For Inducing Patent Infringement.
A patent claims a method of delivering electronic data using a content delivery network [CDN]. The exclusive licensee of that patent designates certain files, a process called tagging. Another technology company also operates a CDN and carries out several of the steps claimed in the patent, but instead of actually tagging, it provides instructions for […]
No Fourth Amendment Violation.
After a high speed chase, when the suspect’s car was flush against a patrol car, the suspect continued to accelerate and the officer fired three shots into the suspect’s car. Almost hitting an officer in the process, the suspect managed to drive away. Officers fired 12 more shots, striking the suspect and his passenger, who […]
Copyright Action Over The Film “Raging Bull” Timely Filed.
In 1980, MGM released and registered a copyright in the film “Raging Bull,” and continues to market the film today. The owner of the screenplay copyrighted in 1963 filed a copyright infringement action against MGM in 2009. A federal district court granted summary judgment to MGM under the doctrine of laches, and the Ninth Circuit affirmed. The […]
U.S. Supreme Court Held Prayer Permitted At Town Hall Meetings.
Following roll call and the Pledge of Allegiance, a small town in New York has a local clergyman deliver an invocation at its Town Board meetings. A typical prayer is: “Lord we ask you to send your spirit of servanthood upon all of us gathered here this evening to do your work for the benefit […]
U.S. Supreme Court Rules On Attorney Fees Issues In Two Patent Cases On The Same Day.
35 U.S.C. § 285 states: “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” In 1982, Congress created the Federal Circuit Court and vested it with exclusive appellate jurisdiction in patent cases. For the next two decades, the Federal Circuit Court instructed district courts to consider the totality of the […]
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