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The Supreme Court Provides a Different Fix to Make APJs Inferior Officers

IP Tech Blog

Arthrex , the United States Supreme Court ruled that Patent Trial & Appeal Board (“PTAB”) Administrative Patent Judges (“APJs”) are unconstitutionally appointed because they effectively wield the power of principal officers while being appointed as inferior officers. On June 21, 2021, in United States v. 594 U.S. _ (2021).

Patent 87
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A Court Calls Out Congress & the DOJ for Not Clarifying the ADA’s Application to Online Retailers–Martinez v. Cot’n Wash

Technology & Marketing Law Blog

The court rejects the claim because a “place of public accommodation” does not cover “retail websites without any connection to a physical space.” ” This is a published opinion, so it sets CA law until it’s superseded. .” Martinez claims that the website isn’t ADA compliant.

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En Banc on Indefiniteness

Patently-O

The extended delay here suggests to me that the court will still deny this petition, but the denial will be accompanied by explanatory opinions that further extend the doctrine. Split infinitives: Federal Circuit divides on Indefiniteness. by Dennis Crouch. The indefiniteness-focused en banc petition in Nature Simulation Sys.

Patent 56
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Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v. Google

Technology & Marketing Law Blog

The court previously denied a TRO. It’s not a close call. This argument is foreclosed by Prager U. The Court disagrees that broad lawmaker proclamations regarding “misinformation” or “QAnon-related speech,” for example, are sufficient to show that the government “commanded” the suspension of Plaintiffs’ accounts.

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Courts Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v.