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Texas Supreme Court Clarifies Spoliation Under Texas Law
After years of awaiting clarity from the Supreme Court of Texas regarding spoliation under Texas law, the Supreme Court issued a significant decision that will shift how Texas state courts handle civil jury instructions regarding “spoliation” of evidence – the...
Supreme Court Grants Cert on Trademark "Tacking"
Last week, the Supreme Court of the United States granted a writ of certiorari in Hana Financial, Inc. v Hana Bank . The issue presented is whether trademark "tacking" is an issue of fact for a jury or an issue...
Supreme Court Effectively Shuts Down Aereo's Television Streaming Service
The Supreme Court of the United States announced an important copyright decision Wednesday in American Broadcasting Cos. v. Aereo, Inc. (573 U.S. ____ (2014)). The 6-3 decision by Justice Breyer reversing the United States Court of Appeals for the Second...
Supreme Court Rejects Generic Computer Use to Patent Abstract Ideas
To listen to the podcast, please click here . On June 19, 2014, in Alice Corp. v. CLS Bank International , the United States Supreme Court unanimously affirmed the ineligibility of the patent claims at issue — directed to the...
The Supreme Court's Limelight Continues to Rein in the Federal Circuit
For the second time in less than two months the Supreme Court unanimously redefines patent law by overturning a Federal Circuit case regarding induced infringement. 1 In Limelight Networks, Inc. v. Akamai Technologies, Inc. , the Supreme Court overturned an...
Echoes from the Gunn? Aggravated States and Demand Letters
To listen to the podcast, please click here . A gunshot that cracks the silence of an old west desert canyon creates an echo coming from all directions. A Supreme Court decision can make similar reverberations throughout the legal world...
What do "Abacus Guy," Mom, and Computers That Say "Stop!" Have in Common? They May be Unpatentable Abstract Ideas.
To listen to the podcast, please click here . Nine Justices of the Supreme Court and three oral advocates held over 100 spectators at bay for just over an hour as they debated—of all things—patents. Today’s case, Alice Corp. vs...
Class Arbitration: Arbitrator's Interpretation Subject to Limited Review
Reflecting the limited judicial review of an arbitrator’s decision, on June 10, 2013, the United States Supreme Court issued a unanimous opinion in Oxford Health Plans LLC v. Sutter affirming an arbitrator’s interpretation of a contract to allow class action...
Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State Courts
On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. 1 The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be heard in...
Terrorizing patent practitioners: Highlights from oral argument at the Supreme Court for Gunn v. Minton
On January 16, 2013, the Supreme Court of the United States heard oral arguments in Gunn . 1 The heart of the matter is whether the state-based malpractice action may be heard in state court or whether it must be...
Returning Fire: The Respondent's Brief and Several Supporting Amicus Curiae Briefs in Gunn v. Minton
Earlier we reported on both the U.S. Supreme Court's grant of certiorari in the Gunn v. Minton 1 case decided by the Supreme Court of Texas 2 and the submission of Petitioner's and several supporting amicus curiae briefs. 3 Gunn...
Opening Shots in Gunn v. Minton: The Petitioner's Brief and Several Amici Curiae Briefs in Support
Earlier this year we reported on the granting of certiorari for the case of Gunn v. Minton 1 from the Supreme Court of Texas. 2 The case involves a claim of attorney malpractice in an underlying patent litigation matter. The...
Gunning for the Supreme Court: A "Substantial" Case "Arising" from Texas That Means More Than You Think!
On Friday, October 5, 2012, the U.S. Supreme Court granted certiorari in Gunn v. Minton , 1 seeking to address whether the Federal Circuit and other courts following its lead have departed from the Supreme Court's "arising under" jurisdiction standard...
Supreme Court Allows Judicial Review of EPA Administrative Orders Under the Clean Water Act - But How Much Will It Help?
On March 21, a unanimous Supreme Court ruled that courts can review EPA administrative orders under the Clean Water Act before EPA seeks to enforce them. The Supreme Court’s ruling, while significant, is of uncertain benefit to those regulated by...