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From: Justia Daily Opinion Summaries <notifications@justia.info>
Date: April 19, 2012 9:11:10 AM EDT
To: Victor Cuvo <vacuvo@yahoo.com>
Subject: U.S. Supreme Court Summaries for April 19, 2012
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Daily Opinion Summaries
U.S. Supreme Court
Summaries for April 19, 2012
- Kappos v. Hyatt
Intellectual Property, Patents- Mohamad v. Palestinian Authority
Injury Law, International Law
Receive this and other FREE daily opinion summaries from Justia Kappos v. Hyatt
Docket: 10-1219 Opinion Date: April 18, 2012 Judge: Thomas
Areas of Law: Intellectual Property, Patents
In 1995, respondent filed a patent application covering 117 claims under the Patent Act of 1952, 35 U.S.C. 112. The patent examiner denied all of the claims for lack of an adequate written description. Respondent appealed to the Board of Patent Appeals and Interferences, pursuant to section 134 of the Act, which approved some claims but denied others. Pursuant to section 145 of the Act, respondent filed a civil action against the Director, but the district court declined to consider respondent's newly proffered written declaration in support of the adequacy of his description, thus limiting its review to the administrative record. On appeal, the Federal Circuit vacated the judgment. The Court held that there are no limitations on a patent applicant's ability to introduce new evidence in a section 145 proceeding beyond those already present in the Federal Rules of Evidence and the Federal Rules of Civil Procedure. If new evidence was presented on a disputed question of fact, the district court must make de novo factual findings that take account of both the new evidence and the administrative record before the Patent and Trade Office. Therefore, the Court affirmed the judgment of the Federal Circuit.
http://j.st/dwa 
View Case on: Justia Legal Information Institute Google Scholar Mohamad v. Palestinian Authority
Docket: 11-88 Opinion Date: April 18, 2012 Judge: Sotomayor
Areas of Law: Injury Law, International Law
Petitioners sued the Palestinian Authority and the Palestinian Liberation Organization under the Torture Victim Protection Act of 1991 (TVPA), which authorized a cause of action against "[a]n individual" for acts of torture and extrajudicial killing committed under authority or color of law of any foreign nation. The district court dismissed the suit, concluding that the TVPA's authorization of suit against "[a]n individual" extended liability only to natural persons. The United States Court of Appeals for the District of Columbia affirmed. The Court held that, as used in the TVPA, the term "individual" encompassed only natural persons. Consequently, the TVPA did not impose liability against organizations. Therefore, the Court affirmed the judgment of the lower courts.
http://j.st/dwh View Case on: Justia Legal Information Institute Google Scholar
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