Court : US Supreme Court
Mayo Collaborative Services v. Prometheus Laboratories, Inc. NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus MAYO COLLABORATIVE SERVICES, dba MAYO MEDICAL LABORATORIES, etal. v. PROMETHEUS LABORATORIES, INC. certiorari to the united states court of appeals for the federal circuit No. 101150.Argued December 7, 2011Decided March 20, 2012 Although laws of nature, natural phenomena, and abstract ideas are not patentable subject matter under 101 of the Patent Act, Diamond v. Diehr, 450 U.S. 175, an application of a law of nature ... to a known structure or process may [deserve] patent protection, id., at 187. But to transform an ...
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United States v. Kebodeaux NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus UNITED STATES v. KEBODEAUX certiorari to the united states court of appeals for the fifth circuit No. 12418.Argued April 17, 2013Decided June 24, 2013 Respondent Kebodeaux was convicted by a special court-martial of a federal sex offense. After serving his sentence and receiving a bad conduct discharge from the Air Force, he moved to Texas where he registered with state authorities as a sex offender. Congress subsequently enacted the Sex Offender Registration and Notification Act (SORNA), which requires federal sex offenders to register in the States ...
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Chaidez v. United States NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus CHAIDEZ v. UNITED STATES certiorari to the united states court of appeals for the seventh circuit No. 11820.Argued November 1, 2012Decided February 20, 2013 Immigration officials initiated removal proceedings against petitioner Chaidez in 2009 upon learning that she had pleaded guilty to mail fraud in 2004. To avoid removal, she sought to overturn that conviction by filing a petition for a writ of coram nobis, contending that her former attorneys failure to advise her of the guilty pleas immigration consequences constituted ineffective assistance of cou...
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LORD NEUBERGER Introduction 1. This appeal is concerned with the validity of a patent which claims the nucleotide sequence of the gene which encodes for a novel protein (and which has further associated claims). Although there is an insufficiency issue, which I will consider at the end of this judgment, the primary issue on this appeal raises a difficult question, namely the way in which the requirement of industrial applicability in Articles 52 and 57 of the European Patent Convention ("the EPC") extends to a patent for biological material. 2. While this issue can be said to raise an important question of principle, its resolution is inevitably fact-sensitive, and therefore any answer may be of limited value in other cases. Further, the issue arises in the context of a fast-developing field, which requires a court to approach it with caution. The need for caution is reinforced by the fact that the answer may give rise to potentially far-reaching consequences for scientific research, ...
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United States v. Three Hundred Fifty Chests of Tea - 25 U.S. 486 (1827) U.S. Supreme Court United States v. Three Hundred Fifty Chests of Tea, 25 U.S. 12 Wheat. 486 486 (1827) United States v. Three Hundred Fifty Chests of Tea 25 U.S. (12 Wheat.) 486 APPEAL FROM THE CIRCUIT COURT OF THE SOUTHERN DISTRICT OF NEW YORK Syllabus The term "concealed," as used in the sixty-eighth section of the duty act of 2 March, 1799, ch. 128, applies only to articles intended to be secreted and withdrawn from public view on account of the duties' not having been paid or secured to be paid, or from some other fraudulent motive. The forfeiture inflicted by that section does not extend to a case where, the duties not having been paid or secured in any other manner than by giving the general bond and storing the goods according to the sixty-second section of the act, the goods were fraudulently removed from the storehouse agreed upon by the collector and the importer by some persons other than the c...
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Heirs of Emerson v. Hall - 38 U.S. 409 (1839) U.S. Supreme Court Heirs of Emerson v. Hall, 38 U.S. 13 Pet. 409 409 (1839) Heirs of Emerson v. Hall 38 U.S. (13 Pet.) 409 ERROR TO THE SUPREME COURT OF THE EASTERN DISTRICT OF LOUISIANA Syllabus The Josepha Secunda was condemned for a violation of the laws of the United States prohibiting the slave trade, and by a decree the Supreme Court of Louisiana allowed the claim of the collector, the surveyor, and naval officer, who had prosecuted for the forfeiture, to a portion of the proceeds of the sale of the property condemned. This decree was afterwards reversed, and the whole proceeds adjudged to the United States, on an appeal to the Supreme Court. William Emerson, the surveyor, afterwards died, and in 1831, Congress passed an act for the relief of the collector, the heirs of William Emerson, and the heirs of the naval officer, under the authority of which the sums which had been adjudged to those officers, and which had remained...
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Oliver v. Piatt - 44 U.S. 333 (1845) U.S. Supreme Court Oliver v. Piatt, 44 U.S. 333 (1845) Oliver v. Piatt 44 U.S. 333 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF OHIO Syllabus In cases of trust, where the trustee has violated his trust by an illegal conversion of the trust property, the cestui que trust has a right to follow the property into whosesoever hands he may find it, not being a bona fide purchaser for a valuable consideration, without notice. Where a trustee has, in violation of his trust, invested the trust property or its proceeds in any other property, the cestui que trust has his option either to hold the substituted property liable to the original trust, or to hold the trustee himself personally liable for the breach of the trust. The option, however, belongs to the cestui que trust alone and is for his benefit, and not for the benefit of the trustee. If the trustee, after such an unlawful conversion of the trust property,...
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Hoyt v. United States - 51 U.S. 109 (1850) U.S. Supreme Court Hoyt v. United States, 51 U.S. 10 How. 109 109 (1850) Hoyt v. United States 51 U.S. (10 How.) 109 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus When Treasury transcripts are offered in evidence under the Act of March 3, 1797 1 Stat. 512, although they are not evidence of the indebtedness of the defendant as to money which comes into his hands out of the regular course of official duty, yet they are so when they arise out of the official transactions of a collector with the Treasury, and are substantial copies of his quarterly returns, rendered in pursuance of law and the instructions of the Secretary. These transcripts need not contain the particular items in each quarterly return; it is sufficient if they state the aggregate amount of bonds and duties accruing within the quarter and refer to an abstract containing the particular items. This rule can work no surpris...
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Cross v. Harrison - 57 U.S. 164 (1853) U.S. Supreme Court Cross v. Harrison, 57 U.S. 16 How. 164 164 (1853) Cross v. Harrison 57 U.S. (16 How.) 164 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus In the war with Mexico, the port of San Francisco was conquered by the arms of the United States in the year 1846, and shortly afterwards the United States had military possession of all of Upper California. Early in 1847, the President of the United States, as constitutional commander-in-chief of the army and navy, authorized the military and naval commanders of the United States forces in California to exercise the belligerent rights of a conqueror, and to form a civil and military government for the conquered territory, with power to impose duties on imports and tonnage for the support of such government and of the army, which had the conquest in possession. This was done, and tonnage and import duties were levied under a war tariff, ...
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Converse v. United States - 62 U.S. 463 (1858) U.S. Supreme Court Converse v. United States, 62 U.S. 21 How. 463 463 (1858) Converse v. United States 62 U.S. (21 How.) 463 ERROR FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS Syllabus 1. The provisions in the appropriation acts of 1849 and 1850 &c.;, must be construed in connection with the previous laws in relation to the same subject matter. 2. A compensation for extra services where no certain compensation is fixed by law cannot be allowed by the head of a department to any officer of the government who has by law a fixed or certain compensation for his services in the office he holds. Nor can it be allowed by the court or jury as a setoff in a suit brought by the United States against an officer for public money in his hands. 3. No allowance beyond his fixed compensation can be made except for the performance of certain duties required by law to be performed, for which the law grants a certa...
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