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Monopoly Law
 
Stephen Kimbel v. Marvel Entertainment, L.L.C.

In Brulotte v. Thys Co., 379 U. S. 29 (1964), this Court held that a patent holder cannot charge royalties for the use of his invention after its patent term has expired. The sole question presented here is whether we should overrule Brulotte. Adhering to principles of stare decisis, we decline to do so. Critics of the Brulotte rule must seek relief not from this Court but from Congress.
I In ... More...
   $0 (06-22-2015 - DC)

Jessica Chan v. Peter Curran

After plaintiff and appellant Jessica Chan’s mother died from internal
hemorrhaging related to Coumadin use following heart surgery, Chan successfully sued
defendant and respondent Peter Curran for medical malpractice. Neither the sufficiency
of the evidence to support the malpractice verdict, nor any other issue associated with the
trial and the rendition of the jury verdict, is... More...
   $0 (06-09-2015 - CA)

Federal Trade Commission v. Cephalon, Inc.

Washington, DC - The Federal Trade Commission has reached a settlement resolving the Commission’s antitrust suit charging Cephalon, Inc. with illegally blocking generic competition to its blockbuster sleep-disorder drug Provigil. The settlement ensures that Teva Pharmaceutical Industries, Ltd., which acquired Cephalon in 2012, will make a total of $1.2 billion available to compensate purchasers,... More...   $0 (05-29-2015 - DC)

In Re Memorial Herman Hospital System; Memorial Herman Physician Network; Michael Macris, M.D.; Michael Macris, M.D., P.A. and Keith Alexander

A decade ago, we observed: “While the medical privileges are important in promoting free discussion in the evaluation of health care professionals and health services, the right to evidence is also important, and therefore privileges must be strictly construed.”1 In this original proceeding—involving a heart surgeon who claims his former hospital retaliated against him for joining a competin... More...   $0 (05-22-2015 - TX)

Teva Pharmaceuticals, USA, Inc. v. Sandoz, Inc.

In Markman v. Westview Instruments, Inc., 517 U. S. 370 (1996), we explained that a patent claim is that “portion of the patent document that defines the scope of the patentee’s rights.” Id., at 372. We held that “the construction of a patent, including terms of art within itsclaim,” is not for a jury but “exclusively” for “the court” todetermine. Ibid. That is so even where the ... More...   $0 (01-20-2015 - DC)

United States of America v. Ryan Ahidjou “Bo” Scott

PORTLAND, OR – Ryan Ahidjou “Bo” Scott, 34, of Lake Oswego, Oregon, was sentenced by Honorable Ancer L. Haggerty to 96 months in prison following his convictions for conspiracy to distribute controlled substances and conspiracy to commit money laundering. The convictions stemmed from his role in leading an international drug-trafficking organization responsible for distributing over $5 mill... More...   $0 (12-17-2014 - OR)

Lenox MacLaren Surgical Corporation v. Medtronic, Inc., et al.

Lenox MacLaren Surgical Corporation manufactures bone mills, which are
medical devices used in spinal-fusion surgery. In 2000, Lenox began to sell some
of its bone mills through a Medtronic entity, Medtronic Sofamor Danek USA.
The arrangement ended badly: Medtronic Sofamor Danek USA initiated a recall
of Lenox’s bone mills, and another Medtronic entity began to manufacture andMore...
   $0 (08-05-2014 - CO)

Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...   $0 (07-11-2014 - IA)

United States of America v. Jean Brown

Jean Brown appeals the district court’s entry of a criminal judgment against her following a jury trial, whereby she was convicted of conspiring to traffic in 1,000 kilograms or more of marijuana, and of additional charges stemming from the kidnapping and murder of Michael Knight in connection with her trafficking operation. Brown also appeals the sentence of life imprisonment imposed on one of ... More...   $0 (07-01-2014 - MD)

Darrell Cannon v. Jon Burge, former Chicago Police Lieutenant

This appeal casts a harsh light on some of the darkest corners of life in Chicago. The plaintiff, at the time of the events giving rise to this suit, was a general in the El Rukn street gang, out on parole for a murder conviction, when he became embroiled in a second murder. Among the defendants are several disgraced police officers, including the infamous Jon Burge, a man whose name evokes shame ... More...   $0 (05-28-2014 - IL)

Altavion, Inc. v. KOnia Minolta Systems Laboratory, Inc.

Trade secret protection “ ‘promotes the sharing of knowledge, and the efficient operation of industry,’ ” by “ ‘permit[ting] the individual inventor to reap the rewards of his labor by contracting with a company large enough to develop and exploit it.’ [Citation.]” (DVD Copy Control Assn., Inc. v. Bunner (2003) 31 Cal.4th 864, 878 (DVD Copy Control).) Trade secret law allows the in... More...   $0 (05-08-2014 - CA)

TV Azteca, S.a.B. De C.V. and Patricia Chapoy v. Gloria De Los Angeles Trevino Ruiz

In this interlocutory appeal, appellants, TV Azteca, S.A.B. de C.V. and Patricia Chapoy, challenge the trial court’s granting of a temporary anti-suit injunction prohibiting

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appellants from pursuing a lawsuit in Mexico against appellees, Gloria de los Angeles Trevino Ruiz, individually and on behalf of her minor child, Gabriel de Jesus Trevino, and Armando Ismael Gomez Martinez. ... More...
   $0 (05-02-2014 - TX)

Frederick E. Bouchat v. Baltimore Ravens Limited Partnership

This case presents the latest chapter in extensive litigation over the Baltimore Ravens “Flying B” logo. Frederick Bouchat challenges the National Football League’s use of the logo in three videos featured on its television network and various websites, as well as the Baltimore Ravens’ display of images that include the logo as part of exhibits in its stadium “Club Level” seating area.... More...   $0 (01-15-2014 - MD)

Verizon v. Federal Communications Commission

For the second time in four years, we are confronted with a Federal Communications Commission effort to compel broadband providers to treat all Internet traffic the same regardless of source—or to require, as USCA Case #11-1355 Document #1474943 Filed: 01/14/2014 Page 3 of 81

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it is popularly known, “net neutrality.” In Comcast Corp. v. FCC, 600 F.3d 642 (D.C. Cir. 2010), we h... More...
   $0 (01-14-2014 - DC)

United States ex rel. Kurt Bunk v. Gosselin World Wide Moving, N.V.

These appeals and cross-appeal are taken from final judgments, entered in accordance with Federal Rule of Civil Procedure 54(b), in a pair of qui tam actions consolidated for litigation in the Eastern District of Virginia. By its Order of February 14, 2012, the district court: (1) assessed a single civil penalty in the sum of $5,500 in favor of the United States, intervening in substitution of rel... More...   $0 (01-08-2014 - NJ)

Frederick E. Bouchat v. Baltimore Ravens Limited Partnership

This case presents the latest chapter in extensive litigation over the Baltimore Ravens “Flying B” logo. Frederick Bouchat challenges the National Football League’s use of the logo in three videos featured on its television network and various websites, as well as the Baltimore Ravens’ display of images that include the logo as part of exhibits in its stadium “Club Level” seating area.... More...   $0 (12-17-2013 - MD)

Kody Brown, et al. v. Gary R. Hebert, et al.

Kody Brown, Christine Brown, Janelle Brown, Meri Browan and Robyn Sullivan sued Gary Hebert, Jeffrey R. Buhman and Mark Shurtleff on civil rights violation theories under 42 U.S.C. 1983 seeking to prevent them from enforcing Utah's prohibition against co-habitation. The Browns are a polgyamous family that were the subject of TLC's reality series "Sister Wives". They claimed that the phrase "or coh... More...   $0 (12-15-2013 - UT)

Ellen Frye v. County of Butte

In two cases, animal control officers seized horses they believed to be at risk. The proceedings leading to the consolidated appeals now before us are convoluted.

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Penal Code section 597.1 (§ 597.1) provides: “When [an animal control] officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety... More...
   $0 (12-01-2013 - CA)

Newspaper of Association of America v. Postal Regulatory Commission

In August 2012, the Postal Regulatory Commission issued an order approving a negotiated service agreement for the sale of postage between the United States Postal Service and Valassis Direct Mail, Inc., a national marketing company. Under the agreement, Valassis receives discounted postage for some of its advertisement mailers once its mail volume hits a predetermined threshold. Petitioner Newspap... More...   $0 (11-15-2013 - DC)

Sonic-Calabasas A, Inc. v. Frank Moreno

In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 (Sonic I), we held as a categorical rule that it is contrary to public policy and unconscionable for an employer to require an employee, as a condition of employment, to waive the right to a Berman hearing, a dispute resolution forum established by the Legislature to assist employees in recovering wages owed. We further held that our rule ... More...   $0 (10-17-2013 - CA)

Getfugu, Inc. v. Patton Boggs, L.L.P.

Plaintiffs and appellants GetFugu, Inc. (GetFugu), Carl Freer (Freer) and Richard Jenkins (Jenkins) (collectively, Plaintiffs) appeal an order granting a special motion to strike (Code Civ. Proc., § 425.16) filed by defendants and respondents Patton Boggs LLP (Patton), Richard J. Oparil (Oparil), Cummins and White LLP (Cummins) and Iman Reza (Reza) (collectively, the Attorney Defendants).1 2
<... More...
   $0 (10-03-2013 - CA)

Evergreen Partnering Group, Inc. v. Pactiv Corporation

Plaintiff Evergreen Partnering Group, Inc. ("Evergreen") appeals from a judgment of the United States District Court for the District of Massachusetts dismissing its Second Amended Complaint ("complaint"). The complaint alleges that defendants-appellees, polystyrene food service packaging manufacturers and two trade associations, refused in concert to deal with Evergreen in a recycling business m... More...   $0 (06-19-2013 - MA)

Enterprise Management Limited, Inc. v. Donald W. Warrick

In this copyright infringement case, Enterprise Management Limited, Inc.,1 and Mary Lippitt (collectively Lippitt) appeal from a summary judgment in favor of Donald Warrick. Lippitt contends, contrary to the district court’s holding, she demonstrated a prima facie case of copyright infringement. We agree.

FACTUAL BACKGROUND

This case involves a diagram Lippitt created in the course... More...
   $0 (05-21-2013 - CO)

Lyle E. Craker v. Drug Enforcement Administration

Petitioner Lyle E. Craker, a professor at the University of Massachusetts, seeks review of an order from the Drug Enforcement Administration ("DEA") denying his application for registration to cultivate marijuana for medical research. After review of the administrative record, we deny the petition.

I. Statutory Landscape

In an effort to consolidate the nation's drug laws and... More...
   $0 (04-16-2013 - MA)

Kirtsaeng dba Bluechristine99 v. John Wiley & Sons, Inc.

The “exclusive rights” that a copyright owner has “to distribute copies. . . of [a] copyrighted work,” 17 U. S. C. §106(3), are qualified by the application of several limitations set out in §§107 through 122, including the “first sale” doctrine, which provides that “the owner of a particular copy or phono record lawfully made under this title . . . isentitled, without the authori... More...   $0 (03-19-2013 - NY)

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