Court : US Supreme Court
..... the doctrine of equiva- 730 lents. 234 f.3d 558 (2000). the court held, with only one judge dissenting, that estoppel arises from any amendment that narrows a claim to comply with the patent act, not only from amendments made to avoid prior art. id., at 566. more controversial in the court of appeals was its further holding: when estoppel applies, it stands as ..... remand, the en banc federal circuit reversed, holding that prosecution history estoppel applied. the court ruled that estoppel arises from any amendment that narrows a claim to comply with the patent act, not only from amendments made to avoid the prior art, as the district court had held. the federal circuit also held that, when estoppel applies, it bars any claim of equivalence for .....
Tag this Judgment!Court : US Supreme Court
..... s. w. 2d 353, 357 (tenn. crim. app. 1987). 693 of habeas corpus under 28 u. s. c. 2254 as amended by the antiterrorism and effective death penalty act of 1996. his petition alleged numerous grounds for relief including ineffective assistance at the sentencing phase. the district court ruled that respondent did not meet ..... request for death,15 are nothing short of incredible. moreover, dice's explanations for his decisions not only were uncorroborated, but were, in my judgment, patently unsatisfactory. indeed, his rambling and often incoherent descriptions of his unusual trial strategy lend strong support to the court of appeals' evaluation of this case ..... we confront here, could theoretically be analyzed under strickland. however, as cronic makes clear, see ante, at 695-696, although strickland could apply in all sixth amendment right to counsel cases, it does not. moreover, presuming prejudice when counsel has entirely failed to function as an adversary makes sense, for three reasons. first, .....
Tag this Judgment!Court : US Supreme Court
..... friedman, robert e. rains, and eric buchanan filed a brief for the national organization of social security claimants' representatives as amicus curiae. 149 stat. 624, as amended. 793 ney's fee as part of the costs" (internal quotation marks omitted)). congress, we conclude, designed 406(b) to control, not to displace, fee ..... paid pursuant to any award certified under the provisions of this title ... on account of such claim."). 804 tort litigation, are also used in, e. g., patent litigation, real estate tax appeals, mergers and acquisitions, and public offerings. see aba formal opinion 94-389, aba/bna lawyers' manual on professional conduct 1001:248 ..... mcdonald, 237 f. 2d 380,382-383 (ca4 1956)]."). as to administrative proceedings, the social security act originally made no provision for attorney's fees. 49 stat. 620 (1935). four years later, congress amended the act to permit the social security board to prescribe maximum fees attorneys could charge for representation of claimants before .....
Tag this Judgment!Court : US Supreme Court
..... application to judicial review of executive action, including determinations made by a state administrative agency. 645 iii the commission nonetheless contends that the eleventh amendment bars verizon's claim against it and its individual commissioners. worldcom, verizon, and the united states counter that the commission is subject to ..... decide whether the commission waived its immunity from suit by voluntarily participating in the regulatory regime established by the act. in determining whether the ex parte young doctrine avoids an eleventh amendment bar to suit, a court need only conduct a "straightforward inquiry" into whether the complaint alleges an ongoing ..... the state as employer under the fair labor standards act of 1938 in state court); florida prepaid postsecondary ed. expense bd. v. college savings bank, 527 u. s. 627 , 633 (1999) (money damages and injunctive and declaratory relief against a state for patent infringement); college savings bank v. florida prepaid postsecondary .....
Tag this Judgment!Court : US Supreme Court
..... a group of licensed pharmacies that specialize in compounding drugs, sought to enjoin enforcement of the subsections of the act dealing with advertising and solicitation, arguing that those provisions violate the first amendment's free speech guarantee. the district court agreed with respondents and granted their motion for summary judgment, holding ..... the united states district court for the district of nevada, arguing that the act's requirement that they refrain from advertising and promoting their products if they wish to continue compounding violates the free speech clause of the first amendment. specifically, they challenged the requirement that prescriptions for compounded drugs be "unsolicited," ..... pharmacy rule 3.02.10 (2001). the federal food, drug, and cosmetic act of 1938 (fdca), 21 u. s. c. 301-397, regulates drug manufacturing, marketing, and distribution. section 505(a) of the fdca, 52 stat. 1052, as amended, 76 stat. 784, provides that "[n]o person shall introduce or deliver .....
Tag this Judgment!Court : US Supreme Court
..... (1966) (plurality opinion) ("[t]he social value of the book can neither be weighed against nor canceled by its prurient appeal or patent offensiveness"). under miller, the first amendment requires that redeeming value be judged by considering the work as a whole. where the scene is part of the narrative, the work ..... a statute prohibiting distribution of an indecent publication because of its tendency to " 'incite minors to violent or depraved or immoral acts.'" a unanimous court agreed upon the important first amendment principle that the state could not "reduce the adult population ... to reading only what is fit for children." id., at ..... legislative history, post, p. 267. deputy solicitor general clement argued the cause for petitioners. with him on the briefs were solicitor general olson, acting solicitor general underwood, acting assistant attorney general schiffer, deputy solicitor general kneedler, irving l. gornstein, barbara l. herwig, and jacob m. lewis. h. louis sirkin argued .....
Tag this Judgment!Court : US Supreme Court
..... non-indian fee land had been acquired as part of the indian general allotment act, 24 stat. 388, as amended, 25 u. s. c. 331 et seq., which authorized the issuance of patents in fee to individual indian allottees who, after holding the patent for 25 years, could then transfer the land to non-indians. although ..... congress repudiated the practice of allotment in the indian reorganization act, 48 stat. 984, 25 u. s. ..... do not question the navajo nation's ability to charge an appropriate fee for a particular service actually rendered,s we think the generalized availability of tribal services patently insufficient to sustain the tribe's civil authority over nonmembers on non-indian fee land. the consensual relationship must stem from "commercial dealing, contracts, leases, .....
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
..... the origin, sponsorship, or approval of his or her goods." 15 u. s. c. 1125(a)(1)(a). congress confirmed this statutory protection for trade dress by amending the lanham act to recognize the concept. title 15 u. s. c. 1125(a)(3) (1994 ed., supp. v) provides: "in a civil action for trade dress infringement ..... that it is merely an ornamental, incidental, or arbitrary aspect of the device. in the case before us, the central advance claimed in the expired utility patents (the sarkisian patents) is the dualspring design; and the dual-spring design is the essential feature of the trade dress md i now seeks to establish and to protect. ..... over alternative designs. pp.28-32. (b) in reversing the summary judgment against mdi, the sixth circuit gave insufficient weight to the importance of the expired utility patents, and their evidentiary significance, in establishing the device's functionality. the error was likely caused by its misinterpretation of trade dress principles in other respects. "'in .....
Tag this Judgment!Court : US Supreme Court
..... limit its program, the restriction operates to insulate current welfare laws from constitutional scrutiny and certain other legal challenges, a condition implicating central first amendment concerns. in no lawsuit funded by the govern- 548 ment can the lsc attorney, speaking on behalf of a private client, challenge existing ..... restriction insulates current welfare laws from constitutional scrutiny and certain other legal challenges, a condition implicating central first amendment concerns. there can be little doubt that the lsc act funds constitutionally protected expression; and there is no programmatic message of the kind recognized in rust and which sufficed ..... assistance to indigent clients in, inter alia, welfare benefits claims. in every annual appropriations act since 1996, congress has prohibited lsc funding of any organization that represented clients in an effort to amend or otherwise challenge existing welfare law. grantees cannot continue representation in a welfare matter even .....
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