Court : US Supreme Court
..... prepaid, 527 u. s., at 642 ( [t]he legislative record still provides little support for the prop- osition that congress sought to remedy a fourteenth amendment violation in enacting the patent remedy act ); kimel, 528 u. s., at 88 ( one means by which we have made such a determination . . . is by examining the legislative record containing ..... against women]. . . . . . the legislation is [thus] based not only on the commerce clause, but also on the guarantees of equal protection . . . embodied in the fourteenth amendment. h. r. rep. no. 102 135, pt. 1, pp. 27 28 (1991) (hereinafter 1991 house report). congress concern was solidly grounded in workplace realities. after this court upheld ..... ); toeller v. wisconsin dept. of corrections, 461 f. 3d 871 (ca7 2006); touvell v. ohio dept. of mental retardation & developmental disabilities, 422 f. 3d 392 (ca6 2005); brockman v. wyoming dept. of family servs., 342 f. 3d 1159 (ca10 2003); laro v. new hampshire, 259 f. 3d 1 (ca1 2001). i a the family and .....
Tag this Judgment!Court : US Supreme Court
..... berne union. see r. schechter & j. thomas, intellectual property: the law of copyrights, patents and trademarks 75 77 (2003); 7, 102stat. 2857 2858 (codified as amended at 17 u. s. c. 401 406). despite these temporal limitations, the act covers vast numbers of works. the first category includes works published in countries that had copyright relations ..... inquiry on orphan works (mar. 25, 2005), online at http:// www.copyright.gov/orphan/comments/ow0643-stm- creativecommons.pdf; general agreement on tariffs and trade (gatt): intellectual property provisions, joint hearing before the ..... . see, e.g., comments of the library copyright alliance in response to the u. s. copyright office s inquiry on orphan works 5 (mar. 25, 2005), online at http://www.arl.org/bm~doc/lcacomment0305.pdf; comments of creative commons and save the music in response to the u. s. copyright office s .....
Tag this Judgment!Court : US Supreme Court
..... large or small, arising under federal law, congress in 1980 eliminated the amount-in-controversy requirement in federal-question (but not diversity) cases. see federal question jurisdictional amendments act of 1980, 94stat. 2369 (amending 28 u. s. c. 1331). see also h. r. rep. no. 96 1461, p. 1 (1980). [ 7 ] apart from deletion of the ..... and wechsler s the federal courts and the federal system, 784 785 (6th ed. 2009). in shoshone mining, we held that a suit for a federal mining patent did not arise under federal law for jurisdictional purposes because the right of possession in controversy could be determined by local rules or customs, or state statutes, 177 ..... relief is generally a sufficient con- dition for federal-question jurisdiction. grable & sons metal products, inc. v. darue engineering & mfg., 545 u. s. 308, 317 (2005) . [ 8 ] arrow agrees that this action arises under federal law, see tr. of oral arg. 27, but urges that congress vested exclusive adjudicatory authority over private .....
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
..... of the court. we consider whether a california law imposing restrictions on violent video games comports with the first amendment. i california assembly bill 1179 (2005), cal. civ. code ann. 1746 1746.5 (west 2009) (act), prohibits the sale or rental of violent video games to minors, and requires their packaging to be labeled 18 ..... . id. , at 27; see also reno , supra , at 873 (observing that miller s threshold limitation reduces the vagueness inherent in the open-ended term patently offensive ).[ footnote 3 ] by contrast, the threshold requirement of the california law does not perform the narrowing function served by the limitation in miller . at least ..... or portion of the human body which depicts nudity . . . , that predominately appeals to the prurient, shameful or morbid interest of minors, and is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and is utterly without redeeming social importance for .....
Tag this Judgment!Court : US Supreme Court
..... ed. 2008). originally, the same rules applied to all drugs. in 1984, however, congress passed the drug price competition and patent term restoration act, 98 stat. 1585, commonly called the hatch-waxman amendments. under this law, generic drugs can gain fda approval simply by showing equivalence to a reference listed drug that has already ..... of more than one plausible reading, courts ordinarily accept the reading that disfavors pre-emption (quoting bates v. dow agrosciences llc , 544 u. s. 431 , 449 (2005))); see also cipollone v. liggett group, inc. , 505 u. s. 504 , 518 (1992). and, when the claim is that federal law impliedly pre-empts ..... medicaid and the uninsured, state medicaid outpatient prescription drug policies: findings from a national survey, 2005 update 10 (2005), online at www.kff.org/medicaid/upload/state-medicaid-outpatient-prescription-drug-policies-findings-from-a-national-survey-2005-update-report.pdf. footnote 3 online at http://www.cbo.gov/ftpdocs/6xx/doc655/pharm.pdf .....
Tag this Judgment!Court : US Supreme Court
..... for profit ). this court has held that the creation and dissemination of information are speech within the meaning of the first amendment. see, e.g. , bartnicki , supra , at 527 ( [i]f the acts of disclosing and publishing information do not constitute speech, it is hard to imagine what does fall within that category, as ..... utilization of prescription drugs. 4622(a)(1). an express aim of the program is to advise prescribers about commonly used brand-name drugs for which the patent has expired or will soon expire. 4622(a)(2). similar efforts to promote the use of generic pharmaceuticals are sometimes referred to as counter-detailing. app ..... role of direct-to-physician marketing in the pharmaceutical industry: an integrative review, 5 yale j. health pol y l. & ethics 785, 793 797, 815 816 (2005); ziegler, lew, & singer, the accuracy of drug information from pharmaceutical sales representatives, 273 jama 1296 (1995). forcing doctors to choose between targeted detailing and no detailing .....
Tag this Judgment!Court : US Supreme Court
..... nih), thereby subjecting the invention to the bayh-dole act. accordingly, stanford disclosed the in-vention, conferred on the government a nonexclusive, nontransferable, paid-up license to use the patented proce-dure, and formally notified nih that it elected to retain title to the invention. c in 2005, the board of trustees of stanford university filed suit ..... the entire right, title and interest to inventions made by government employees who conduct or perform research, development work, or both. 37 cfr 501.6 (2010) (codifying, as amended, exec. order 10096, 3 cfr 292 (1949 1953 comp.)). see also heinemann v. united states , 796 f. 2d 451, 455 456 (ca fed. 1986) (holding ..... , which, in specific research areas, give the government title to inventions made pursuant to government contracts. see atomic energy act of 1954, 152, 68 stat. 944 (codified as amended at 42 u. s. c. 2182); national aeronautics and space act of 1958, 305, 72 stat. 435 (codified at 42 u. s. c. 2457), repealed by 6, 124 .....
Tag this Judgment!Court : US Supreme Court
..... , filed in 2001, the state conceded that deficiencies in prison medical care violated prisoners eighth amendment rights and stipulated to a remedial injunction. but when the state had not complied with the injunction by 2005, the court appointed a receiver to oversee remedial efforts. three years later, the receiver described ..... called expansion plans called for cramming more prisoners into existing prisons without expanding administrative and support facilities. juris. app. 151a 152a. the former acting secretary of the california prisons explained that these plans would compound the burdens imposed on prison administrators and line staff by adding to the ..... period of incarceration. numerous experts testified that crowding is the primary cause of the constitutional violations. the former warden of san quentin and former acting secretary of the california prisons concluded that crowding makes it virtually impossible for the organization to develop, much less implement, a plan to provide .....
Tag this Judgment!Court : US Supreme Court
..... foreign state. footnote 2 we have recognized that congress may abrogate a state s immunity when it acts under 5 of the fourteenth amendment, seminole tribe of fla. v. florida , 517 u. s. 44 , 59 (1996), but not when it acts under its original article i authority to regulate commerce, id. , at 65 66. footnote ..... lurk-ing in this case, such as whether the dd or paimi acts are a proper exercise of congress s enumerated powers. as justice kennedy ob-serves, whether the acts run afoul of some other constitutional pro- vision ( i.e. , besides the eleventh amendment) cannot be permitted to distort the antecedent question of jurisdiction. post , ..... i respectfully dissent. footnote 1 ex parte young also rests on the well-recognized irony that an official s unconstitutional conduct constitutes state action under the fourteenth amendment but not the eleventh amendment. pennhurst state school and hospital v. halderman , 465 u. s. 89 , 105 (1984) (internal quotation marks omitted). footnote 2 while i .....
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