Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
16-341 | Fed. Cir. | Mar 27, 2017 | May 22, 2017 | 8-0 | Thomas | OT 2016 |
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief by Ericsson Inc., Allergan, Inc., and Traxxas L.P. in support of the respondent in this case.
Holding: The patent venue statute, 28 U.S.C. § 1400(b), provides that "[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business." As applied to domestic corporations, “reside[nce]” in Section 1400(b) refers only to the state of incorporation; the amendments to Section 1391 did not modify the meaning of Section 1400(b) as interpreted in Fourco Glass Co. v. Transmirra Products.
Judgment: Reversed and remanded, 8-0, in an opinion by Justice Thomas on May 22, 2017. Justice Gorsuch took no part in the consideration or decision of the case.
NEW: After a request from the Biden administration yesterday, the Supreme Court just dismissed three pending cert petitions (requests to hear a case) about the Trump administration’s effort to withhold money from so-called sanctuary cities.
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ICYMI: We got Justice Amy Coney Barrett’s first majority opinion today.
SCOTUS rules against immigrant who has lived in the US without authorization for decades. The gov't sought to deport him based on a state misdemeanor conviction (he used a fake Social Security card to get a job). SCOTUS says 5-3 he's not eligible to seek protection from removal.
NEW: In Freedom of Information Act case, SCOTUS says federal government does not have to disclose documents that were produced as part of a rulemaking on "cooling water intake structures" under the Clean Water Act. The Sierra Club argued the docs should be disclosed under FOIA.
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