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The Court rejected the appellate court's "clear and convincing evidence" standard that successful patent litigants would have to establish in order to receive fees. Instead, the Court held that a simple discretionary inquiry would serve to determine whether granting attorney fees is appropriate. 35 U.S.C. 285
The USPTO petitioned to the Supreme Court for review, which certified the case in November 2019. [7] The oral arguments for the case on May 4, 2020, were the first ever to be held via teleconference for the Supreme Court as a result of the COVID-19 pandemic. During the arguments, the Justices raised questions of how an Internet address ...
Bilski v. Kappos, 561 U.S. 593 (2010), was a case decided by the Supreme Court of the United States holding that the machine-or-transformation test is not the sole test for determining the patent eligibility of a process, but rather "a useful and important clue, an investigative tool, for determining whether some claimed inventions are processes under § 101."
Opinion announcement: Opinion announcement: Case history; Prior: State v. Betterman, 2015 MT 39, 378 Mont. 182, 342 P.3d 971; cert. granted, 136 S. Ct. 582 (2015).: Holding "The Sixth Amendment's speedy trial guarantee does not apply once a defendant has been found guilty at trial or has pleaded guilty to criminal charges."
A court of appeals decision regarding trademark registration affirming the Commissioner of Patent's decision, and directing the clerk to certify its opinion to the Commissioner, is not final and appealable to the Supreme Court. A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co. 201 U.S. 166 1906 Substantive Trademark registration
Montana’s Supreme Court on Wednesday upheld a 2023 ruling siding with young climate activists who asserted the state government violated their right to a healthy environment. In August 2023 ...
In a 5-2 decision, the Supreme Court said it would not stay Lewis and Clark County District Court Judge Kathy Seeley’s August decision in the Held v. Montana case while the state prepares its ...
The Supreme Court agreed in January 2020 to hear both cases, consolidating them under the Montana petition. [2] Oral arguments were heard on October 7, 2020; this was a case that followed the death of Justice Ruth Bader Ginsburg but prior to the appointment of Amy Coney Barrett as her replacement, and Barrett did not participate on further ...