Patently-O

NOVEMBER 11, 2022

As reported in posts by Dennis and Jason , the Supreme Court recently granted certiorari in Amgen v. A few days later, on November 7, the Supreme Court denied certiorari in Juno v. Amgen’s successful petition for certiorari relies heavily on Death , and its authors filed an amici curiae brief in support of Amgen’s petition.

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Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. It is probably no coincidence that the Court’s decision to grant certiorari in the second fair use case came just four months after the decision in Sony. Thus, when the Supreme Court granted certiorari in the Warhol case less than a year after the Google v. of America v.

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Copyright Lately

APRIL 19, 2022

While the Andy Warhol Foundation’s petition for certiorari was ostensibly premised upon a circuit split between the Second and Ninth Circuits, fair use decisions have been all over the map, even within those courts. Notably, Judge Jackson didn’t mention the first factor or “transformative use” at all in her response.

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Technology & Marketing Law Blog

AUGUST 30, 2021

It also ruled that Pandora’s broadcasts were not “in connection with a public issue or topic of public interest,” as required by California’s anti-SLAPP law. When the Supreme Court denied certiorari , that was that: “Judge Hand’s opinion was [accepted as] the last word on the legality of broadcasting sound recordings.”

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Technology & Marketing Law Blog

MAY 25, 2022

This opinion gives the Supreme Court another reason to intervene in the Texas case on the shadow docket; or if the Supreme Court defers the matter, the opinion sets up a likely circuit split that can support granting certiorari. Some of these provisions may not survive on remand, however. The panel answers that question decisively yes.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., Amgen filed a petition for certiorari on November 22, 2021 (No.

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Technology & Marketing Law Blog

JUNE 19, 2023

Anything the Supreme Court says on that topic, other than a categorical rejection of the principle, will ignite litigation and regulation like we’ve never seen before. ” Every government actor can claim that they intend the online conversation to reach limited topics, i.e., the ones they like. See, e.g., PETA v.

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Technology & Marketing Law Blog

SEPTEMBER 21, 2022

The issuance of this decision now tees up the more typical appellate options, which could include an appeal to the Fifth Circuit en banc, an appeal to the Supreme Court’s shadow docket for an emergency restoration of the injunction, or an appeal to the Supreme Court through the normal certiorari petition process.

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