Court : US Supreme Court
..... and claim, was sustainable. the plaintiff, by a surrender of that patent and the procurement of the patent of 1849 with amended specifications, abandoned his first patent and relied wholly on the one reissued. the claim and specifications in this patent, as amendatory of the first, were within the 13th section of the act of 1836. it is said with entire accuracy in the charge in ..... regard to the amended specification of the patent of 1849 that it "described essentially the same machine as the former one did, but claimed as the .....
Tag this Judgment!Court : US Supreme Court
..... to do with the facts of this case. instead, it relies entirely on perceived deficiencies in the evidence reviewed by congress before it enacted the clarifying amendment. "in enacting the patent remedy act ... congress identified no pattern of patent infringement by the states, let alone a pattern of constitutional violations." ante, at 640. it is quite unfair for the court to strike down congress ..... find ... willful infringement on the part of a state or state agency"). such negligent conduct, however, does not violate the due process clause of the fourteenth amendment. the legislative record thus suggests that the patent remedy act does not respond to a history of "widespread and persisting deprivation of constitutional rights" of the sort congress has faced in enacting proper prophylactic 5 legislation .....
Tag this Judgment!Court : US Supreme Court
..... florida prepaid postsecondary ed. expense bd. v. college savings bank, 527 u. s. 627 (1999). at issue in that case was the validity of the patent and plant variety protection remedy clarification act (hereinafter patent remedy act), a statutory amendment congress enacted in the wake of our decision in atascadero state hospital v. scanlon, 473 u. s. 234 (1985), to clarify its intent to abrogate ..... to exercise their fundamental constitutional rights. thus, as with title i in garrett , the patent remedy act in florida prepaid , the age discrimination in employment act of 1967 in kimel , and the rfra in city of boerne , all of which we invalidated as attempts to substantively redefine the fourteenth amendment, it is unlikely that many of the [state actions] affected by [title ii] ha .....
Tag this Judgment!Court : US Supreme Court
..... review of appellant's assertion that his exhibition of the film was protected by the first and fourteenth amendments. even though questions of appeal to the "prurient interest" or of patent offensiveness are "essentially questions of fact," it would be a serious misreading of miller to conclude ..... misreading of miller to conclude that juries have unbridled discretion in determining what is 'patently offensive.' not only did we there say that" "the first amendment values applicable to the states through the fourteenth amendment are adequately protected by the ultimate power of appellate courts to conduct an independent ..... acts, normal or perverted, actual or simulated," and "representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals." ibid. while this did not purport to be an exhaustive catalog of what juries might find patently offensive, it was certainly intended to fix substantive constitutional limitations, deriving from the first amendment .....
Tag this Judgment!Court : US Supreme Court
..... windage, and giving the projectile a motion in direction of the axis of the bore. in a letter of march 23, 1852, woodbridge wrote the patent commissioner, with the claims amended in the form in which the patent office had agreed to allow them, and said: "i was informed in answer to my inquiry that, upon the issue, or order to issue, of ..... the court. this suit in the court of claims was brought under the authority of a special act of congress of march 2, 1901 (31 stat. 1788), by which the claim of william e. woodbridge, for compensation from the united states for use of his alleged invention relating ..... . pp. 263 u. s. 56 , 263 u. s. 59 . 55 ct.clms. 234 affirmed. appeal from a judgment of the court of claims rejecting a claim preferred under a special act of congress, for compensation for use by the government of an invention made by the plaintiffs' decedent. page 263 u. s. 51 mr. chief justice taft delivered the opinion of .....
Tag this Judgment!Court : US Supreme Court
..... received their patents under the act of july 4, 1884, which conferred homestead entry rights upon indians. the court therefore held that the restrictions on the alienation of ..... the district court, was to permit the continuation of restrictions in patents issued to indian allottees -- that is, to indians who received patents under the general allotment act of february 8, 1887, which created the indian allotment system, or under any of its subsequent amendments, but that the 1906 act did not purport to give the president a like power with respect to indians who .....
Tag this Judgment!Court : US Supreme Court
..... be excluded from the reckoning. we find no disclosure of that intention in the provisions of the statute, and none in the history of other acts before it. the first statute following the sixteenth amendment laid a tax, as we have seen, on the entire net income "accrued" within each calendar year, the impost being coupled with a ..... of profits, unless the right to such recovery existed unconditionally on march 1, 1913, the effective date of the first statute under the sixteenth amendment. the tax imposed on the respondent was laid under the revenue act of 1926 (c. 27, 44 stat. 9), which includes in gross income ( 213(a), 44 stat. 23) gains on profits ..... united states light & heating company to restrain an infringement of the patent, and for an accounting of damages and profits. the suit was pending on february 25, 1913, the effective date of the sixteenth amendment, and on march 1, 1913, the effective date of the first statute enacted thereunder. act of october 3, 1913, c. 16, 38 stat. 114, .....
Tag this Judgment!Court : US Supreme Court
..... "mixed blood." it was stipulated that, in administering the bureau of indian affairs under the clapp amendment, and especially in issuing patents thereunder, the department had not required any statement as to the quantum of foreign blood, but had issued patents upon the showing that the applicant was a mixed blood. several instances were shown by the records ..... reservation, and to allot them to members of the band, and o-bah-baum, an indian woman of that tribe, had been given a trust patent, as provided for by the act of february 8, 1887, supra, and had given a mortgage to the defendant in that case upon such land, she had no right or authority ..... legislative enactments. if the effect of the legislation has been disastrous to the indians, that fact will not justify the courts in departing from the terms of the act as written. if the true construction has been followed with harsh consequences, it cannot influence the courts in administering the law. the responsibility for the justice or .....
Tag this Judgment!Court : US Supreme Court
..... brand manufacturer s drug, another company may seek permission to market a generic version pursuant to legislation known as the hatch-waxman amendments. see drug price competition and patent term restoration act of 1984, 98stat. 1585. those amendments allow a generic competitor to file an abbreviated new drug application (anda) piggy-backing on the brand s nda. rather than ..... . 3d 1359, 1362 (ca fed. 2010). thus, novo currently holds a patent for one of the three fda-approved uses of repaglinide its use with metformin. but novo holds no patent for the use of repaglinide with tzds or its use alone. in 2005, caraco filed an anda seeking to market a generic version of repaglinide. at ..... that time, the orange book entry for prandin listed both the 035 patent (the drug compound) and the 358 patent (the use of the drug with metformin). caraco assured the fda that .....
Tag this Judgment!Court : US Supreme Court
..... 1836, is not conclusive upon the question of their jurisdiction to act in a given case. the commissioner of patents can lawfully receive a surrender of letters patent for a defective specification and issue new letters patent upon an amended specification, after the expiration of the term for which the original patent was granted and pending the existence of an extended term of seven years. such ..... 1836, is not conclusive upon the question of their jurisdiction to act in a given case. 10. that the commissioner of patents can lawfully receive a surrender of letters patent for a defective specification, and issue new letters patent upon an amended specification, after the expiration of the term for which the original patent was granted, and pending the existence of an extended term of seven .....
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