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Supreme Court: vertical retail price maintenance no longer per se violation of antitrust law

Overruling a nearly century old decision, the Supreme Court Thursday held that a manufacturer may, in some instances, enter into a vertical agreement with its retailers to set minimum retail prices for the manufacturer's goods. The court overruled the venerable decision in Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. […]

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Roundup of media coverage of KSR and Microsoft

Below is a sampling of various media reports regarding yesterday's two Supreme Court patent decisions, KSR Int'l Co. v. Teleflex, Inc. and Microsoft Corp. v. AT&T Corp.: "Court douses patent wildfire" (Chicago Tribune) "Ruling toughens patent process" (USA Today) "Patent protections tempered by Supreme Court rulings" (Los Angeles Times) "High court puts limits on patents" […]

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Initial thoughts on Microsoft v. AT&T, a.k.a. Deepsouth: the sequel

In what could be termed a sequel to the Supreme Court's 1972 decision in Deepsouth Packing Co. v. Laitram Corp., the Court again found that if U.S. patent law is to extend its reach further into foreign acts, it must be Congress, not the courts, that extends it. The Court held that Microsoft's act of […]

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Supreme Court reverses both KSR and Microsoft

As reported at SCOTUS Blog, the Supreme Court has today ruled in two cases, reversing decisions of the Federal Circuit. The first came in KSR v. Teleflex, where the Court has apparently ruled 9-0 that the Federal Circuit's view on obviousness is too narrow, reversing the decision that Teleflex's invention was nonobvious. Previous coverage of […]

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Today’s opinions in KSR v. Teleflex and Microsoft v. AT&T

Click here for the opinion in KSR v. Teleflex. Click here for the opinion in Microsoft v. AT&T. More to come once we've had a chance to review the decisions.

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Initial thoughts on KSR v. Teleflex

After an initial reading of the opinion in KSR Int'l Co. v. Teleflex Inc., several issues jump out. There are four (4) reasons why the Federal Circuit's TSM test is no longer the exclusive test for obviousness While the Court noted that the Federal Circuit's "teaching-suggestion-motivation" (TSM) test was not necessarily inconsistent with cases such […]

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Supreme Court proposes revisions to Federal Rules of Civil Procedure

In can what only be described as a busy day at the Supreme Court, the Court, in addition to rendering opinions in five cases (including two patent cases, see here and here), also proposed revisions to the Federal Rules of Civil, Criminal, Bankruptcy, and Appellate Procedure. While the Rules of Appellate Procedure only have a […]

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Supreme Court asks for Government’s view on yet another patent case

In its order list released today, the Supreme Court has indicated that it may accept yet another appeal in a patent-related case, as it has invited the Office of the Solicitor General to file a brief stating the position of the United States on the case. The case is Quanta Computer, Inc. v. LG Electronics, […]

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Roundup of media coverage of Microsoft v. AT&T oral arguments, more to come for Microsoft?

Now that the oral arguments before the Supreme Court have passed, various media outlets have had the opportunity to weigh in on the arguments and offer their predictions as to how the case will come out. A sampling of this media coverage is below: Seattle Post Intelligencer USA Today Boston Globe Houston Chronicle Forbes Los […]

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Interesting tidbits from today’s oral argument in “Microsoft v. AT&T”

A few interesting exchanges took place in today’s oral arguments before the Supreme Court in the Microsoft v. AT&T case. Click to read these portions of the arguments.The first related to jurisdiction. The parties had entered into a “high/low” settlement before the arguments, which essentially means that they have settled the case, but depending on […]

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