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Today on The WLF Legal Pulse

The Supreme Court Should Not Abandon Stare Decisis in Kimble v. Marvel Enterprises Case Given Reliance Interest

The Supreme Court’s 1964 decision in Brulotte v. Thys Co. has been among the Court’s more heavily criticized patent law decisions. A number of academics and appeals court judges have complained that Brulotte, which establishes a rule governing construction of patent licensing agreements, is based on a misunderstanding of the economic considerations underlying such agreements. Perhaps in response to that criticism, the Court granted certiorari in Kimble v. Marvel Enterprises, Inc. to consider a single question: should it overturn the 50-year-old Brulotte rule? The Court will hear oral arguments in Kimble on March 31.

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In re: Proposed Amendments to Prop 65 “Clear and Reasonable” Warnings
On March 31, 2015, WLF urged California’s Office of Environmental Health Hazard Assessment (OEHHA) to scrap proposed amendments to regulations implementing California’s controversial Proposition 65 (Prop 65). In formal comments, WLF argued that the...
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Omnicare, Inc. v. Laborers District Council
On March 24, 2015, the U.S. Supreme Court overturned an appeals court decision that authorized imposition of securities fraud liability on corporate officials who express genuinely believed statements of opinion. The Court held that when corporate...
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Horne v. U.S. Dep't of Agriculture
On March 9, 2015, WLF filed a brief in the U.S. Supreme Court, urging it to block the federal government’s raisin marketing program, asserting that federal officials routinely violate private property rights by seizing raisins in an effort to...
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Kimble v. Marvel Enterprises, Inc.
On March 6, 2015, WLF filed a brief in the U.S. Supreme Court, urging it to resist calls to overturn its 1964 decision in Brulotte v. Thys Co., which established rules governing enforcement of contracts entered into between patent holders and...
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King v. Burwell
On December 29, 2014, WLF asked the U.S. Supreme Court to reverse an appeals court ruling that, if upheld, would allow IRS to appropriate billions of dollars a year without authorization from Congress. The case concerns proper interpretation of the...
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First Circuit Breathes New Life into Branded Drug Preemption Defense
Andrew T. Bayman and Todd P. Davis are partners in the Atlanta office of the law firm King & Spalding LLP. Mark S. Brown and Jeffrey S. Bucholtz are partners in the firm’s Washington, D.C. office.
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Fractured High Court Issues Limited Ruling in Ohio Oil and Gas Preemption Case
Terrence M. Fay is a partner in the Columbus, Ohio office of the law firm Thompson Hine LLP, and Joel D. Eagle is an associate in the firm’s Cleveland office.
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Targeting Harm from a Data Breach: Federal Judge Lets Plaintiffs Get Away with Kitchen-Sink Pleading
Robert M. McKenna is a partner in the Seattle office of the law firm Orrick, Herrington & Sutcliffe LLP. Mr. McKenna was Attorney General of Washington from 2005 to 2013, and serves on Washington Legal Foundation’s Legal Policy Advisory Board. Scott Lindlaw was an associate with Orrick in its Silicon Valley office until March 13. He will be joining the strategic communications firm Sard Verbinnen & Co.
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Ninth Circuit Bucks Supreme Court Again on Medical Device Preemption
Matthew A. Reed is an associate with the law firm Sedgwick LLP in its Los Angeles office.
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