Petitions of the week
on Feb 1, 2019 at 12:54 pm
This week we highlight petitions pending before the Supreme Court that address what a plaintiff must prove to be entitled to patent damages based on the entire market value of a product; the constitutionality of appointing a labor union to represent and speak for nonmember, public-sector employees; and the proper way to assess prejudice under Strickland v. Washington.
The petitions of the week are:
Issue: Whether it violates the First Amendment to appoint a labor union to represent and speak for public-sector employees who have declined to join the union.
Issue: Whether, under Strickland v. Washington, a court assessing the prejudice resulting from trial counsel’s errors should consider each error in isolation or should consider the cumulative effect of the errors.
Issue: Whether a plaintiff who proves that a patented feature creates the basis for customer demand for infringing products is entitled to patent damages based on the entire market value of the products, or whether the plaintiff must also prove that other features do not drive demand for the products.
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Past case linked to in this post:
Strickland v. Washington, 466 U.S. 668 (1984)