Court : US Supreme Court
..... to allowing the grant to the company to be satisfied by land situated elsewhere along the general line of the road. page 98 u. s. 341 that the amendment of the act of 1864 enlarging the grant of 1862 to the union pacific company was intended to apply to the grants made to all the branch companies there can be no ..... a deficiency on the other. but the answer to the objection as presented by the bill, either in its original form or as amended, is that it is not shown what this land was, and the patents cannot be adjudged invalid as to any land not identified, so as to be capable of being separated; nor can any decision go ..... in the aggregate to one million two hundred thousand acres. it is founded upon alleged errors made by the land department in the construction of the statute under which the patents were issued, and presents several interesting questions for determination. these questions, however, are so fully considered by the presiding justice of the circuit court, and the views we .....
Tag this Judgment!Court : US Supreme Court
..... he deemed it for the public welfare, to grant licenses to american citizens or corporations to use any inventions covered by enemy-owned patents. subsection (c) of 7 of the act as amended november 4, 1918, authorized the seizure of enemy-owned patents, and provided that all property so acquired should be held and disposed of as provided by the ..... and the act of november 4, 1918, c. 201, 40 stat. 1020, and other acts. the complaint alleges that a number of ..... sales made by it to the chemical foundation of a number of patents, copyrights, trademarks, and other similar properties -- which, for brevity, will be referred to as "patents" -- seized pursuant to the trading with the enemy act of october 6, 1917, c. 106, 40 stat. 411, as amended by the act of march 28, 1918, c. 28, 40 stat. 460, .....
Tag this Judgment!Court : UK Supreme Court
..... partially valid to grant relief in respect of that part which is found to be valid and infringed. 5. section 77(2) of the act refers to "the provisions of the european patent convention relating to the amendment or revocation". this is a reference to article 68 of the convention, and indirectly to article 64. they provide: "article 64 rights ..... whether the same applied to the other fourteen infringements, which has given rise to a certain amount of controversy since: see hormel foods corp v antilles landscape investments nv [2005] rpc 28, unilin beheer bv v berry floor nv [2007] fsr 25 at paras 47-48. the essential fallacy in the majority's reasoning in coflexip lay in ..... consequence which has come about in this case. the facts 8. the patent in suit is a european patent for a "seating system and passenger accommodation unit for a vehicle", granted to virgin and published on 30 may 2007. the seat, which was designed in about 2005, reclines to provide a flat bed. it is commonly used in long- .....
Tag this Judgment!Court : US Supreme Court
..... it be decreed that complainants and the city have each and severally such title only, derived from spain and mexico, as was confirmed and patented to them or their predecessors by the act of congress of march 3, 1851. 3. that a decree be granted to complainants forever enjoining the city of los angeles from setting up ..... of them, were in violation of the fourteenth amendment or impaired the obligation of contracts, or were in violation of 1979, title vviv, of the revised statutes of the united states. the answer alleged that, according to the proper construction of the act of march 3, 1851, the confirmation and patent therein provided for only had the effect of ..... of the fourteenth amendment to the constitution of the united states in that they deprived, or attempted to deprive, complainants of their property without due process of law, and to grant the same to the city of los angeles; that the acts and charters impaired the obligation of the contracts expressed in the patents of the united .....
Tag this Judgment!Court : UK Supreme Court
..... product if "he makes, disposes of, offers to dispose of, uses or imports the product or keeps it " see section 60(1)(a) of the patents act 1977 ("the 1977 act"). the principle issue on this appeal concerns the meaning of the word "makes". the other aspect of this appeal raises a number of issues arising out of section ..... an unregistered licensee could avoid its consequences simply by registering and then starting the proceedings. it also seems to me to be difficult to reconcile with the wording of the amended section 68. the expression "proceedings for such an infringement" must be a reference to the proceedings for "infringe[ment] before the transaction is registered", not to "proceedings, ..... ltd v hill and smith ltd [1982] rpc 183, 242. as lord hoffmann explained in kirin-amgen inc v hoechst marion roussel ltd [2004] ukhl 46, [2005] 1 all er 667, [2005] rpc 169, para 21, a claim is, or at least should be drafted "not only in the interest of others who need to know the area 'within which .....
Tag this Judgment!Court : UK Supreme Court
..... industrial production had to be formed. the lords decided that the intention must have been there from the start. 24. the patents and designs act 1919 amended the 1907 act by substituting for the definition in section 93 of the 1907 act a new definition of "design" which referred to features applied "by any industrial process" and did not make an express ..... principle non-justiciable, a further question would arise whether nevertheless, in the light of the decision of the european court in case c-281/02 owusu v jackson [2005] ecr i-1383, the english court must grant a remedy against mr ainsworth, who is domiciled in england for the purposes of what is now article 2 of ..... mr ainsworth sold some of the goods that he produced (to the value of at least $8,000 but not more than $30,000) in the united states. in 2005 lucasfilm sued mr ainsworth in the united states district court, central district of california, and in 2006 it obtained a default judgment for $20m, $10m of which represented triple .....
Tag this Judgment!Court : US Supreme Court
..... entering the clinic, and that doctors and clinic workers were being subjected to protests at their homes. accordingly, the court issued an amended injunction, which applies to petitioners and persons acting "in concert" with them, and which, inter alia, excludes demonstrators from a 36-foot buffer zone around the clinic entrances and ..... (1947), is to the contrary: all those who wish to express the same views as the named defendants are deemed to be "acting in concert or participation." following issuance of the amended injunction, a number of persons were arrested for walking within the 36-foot speech-free zone. at an april 12, 1993, hearing ..... the hospital itself-and the case in any event dealt not with whether the government had violated the first amendment by restricting noise, but with whether the hospital had violated the national labor relations act by restricting solicitation (including solicitation of union membership). perhaps there is a local ordinance in melbourne, florida, .....
Tag this Judgment!Court : US Supreme Court
..... law enforcement purposes, and law enforcement officers were extensively involved in the initiation, design, and implementation of the program. in such circumstances, the fourth amendment's general prohibition against nonconsensual, warrantless, and suspicionless searches applies in the absence of consent. we decline to accept the dissent's invitation to make a ..... her lifelong damage and suffering. the state, by taking special measures to give rehabilitation and training to expectant mothers with this tragic addiction or weakness, acts well within its powers and its civic obligations. the holding of the court, furthermore, does not call into question the validity of mandatory reporting ..... was told a second positive test or failure to undergo substance abuse treatment would result in arrest and prosecution. as the court holds, the hospital acted, in some respects, as an institutional arm of law enforcement for purposes of the policy. under these circumstances, while the policy may well have .....
Tag this Judgment!Court : US Supreme Court
..... by the common law ( i.e., forfeiture and ignominious burial), they did so to spare the innocent family, and not to legitimize the act. case law at the time of the fourteenth amendment generally held that assisting suicide was a criminal offense. see marzen, o'dowd, crone, & balch, suicide: a constitutional right?, 24 duquesne l ..... chronically incompetent persons have no constitutionally cognizable interests at all, and so are not persons within the meaning of the constitution. deference of this sort is patently unconstitutional. it is also dangerous in ways that may not be immediately apparent. today the state of missouri has announced its intent to spend several hundred ..... behest of another); maxwell land-grant case, 121 u. s. 325 (1887) (requiring clear, unequivocal, and convincing evidence to set aside, annul or correct a patent or other title to property issued by the government in order to secure settled expectations concerning property rights); marcum v. zaring, 406 p.2d 970 (okla.1965) .....
Tag this Judgment!Court : US Supreme Court
..... order; " ... and it is further "ordered that nothing in this order shall be construed to limit defendants and those acting in concert with them from exercising their legitimate first amendment rights " 799 f. supp., at 1440-1441. 405 appendix b to opinion of breyer, j. appendix b to opinion ..... this order; ... " ... and it is further "ordered that nothing in this order shall be construed to limit project rescue participants' exercise of their legitimate first amendment rights .... " app. 22-26 (emphasis added). "preliminary injunction "upon consideration of the evidence introduced at a hearing ... it is hereby "ordered that defendants, ..... justice rehnquist delivered the opinion of the court. the question presented is whether an injunction that places restrictions on demonstrations outside abortion clinics violates the first amendment. we uphold the provisions imposing "fixed bubble" or "fixed buffer zone" limitations, as hereinafter described, but hold that the provisions imposing "floating .....
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