Supreme Court

Providers will likely face more lawsuits against vaccine mandates. But they are also more likely to win.

Providers’ legal defense against lawsuits aiming to tear down vaccine mandates is wide-ranging, from making the argument that allowing an unvaccinated worker into their facilities could pose a direct threat to the worker to invoking a 1905 precedent set by the Supreme Court.

Minerva Surgical, Inc. v. Hologic, Inc. (2021)

Supreme Court Retains Doctrine of Assignor Estoppel, But With Limits By Kevin E. Noonan and Joshua R. Rich — Patent law is replete with arcane (and often judge-made) doctrines, such as the doctrine of equivalence and obviousness-type double patenting. In addition, long having been considered a property right (Oil States to the recent contrary), patents …

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Supreme Court upholds ACA, dismissing constitutional challenge

The Supreme Court upheld the Affordable Care Act, dismissing the lawsuit brought by Texas, 17 other states and two individuals on the grounds that they were not able to prove they were harmed by the law. Industry stakeholders celebrated the court’s long-awaited decision.

Supreme Court Requests View of Solicitor General in American Axle v. Neapco

By Kevin E. Noonan and Michael Borella — Today, the Supreme Court requested the views of the Solicitor General in its consideration of American Axle’s certiorari petition, which asks the Court to reverse the Federal Circuit’s decision in American Axle & Mfg. v. Neapco Holdings LLC. That decision is noteworthy on several grounds. It is …

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Supreme Court Requests View of Solicitor General in American Axle v. Neapco

By Kevin E. Noonan and Michael Borella — Today, the Supreme Court requested the views of the Solicitor General in its consideration of American Axle’s certiorari petition, which asks the Court to reverse the Federal Circuit’s decision in American Axle & Mfg. v. Neapco Holdings LLC. That decision is noteworthy on several grounds. It is …

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Oral Argument in Minerva Surgical Inc. v. Hologic, Inc.

By Kevin E. Noonan — The Supreme Court heard oral argument last week in Minerva Surgical Inc. v. Hologic, Inc. over the issue of assignor estoppel (transcript). As a reminder, the case arose in an infringement suit over U.S. Patent Nos. 6,782,183 and 9,095,348. The patents were directed to “procedures and devices for endometrial ablation.” …

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U.S. v. Arthrex: Is Historical Practice of the USPTO Relevant?

By James Lovsin — As discussed here, the Justices asked many questions in the oral argument in Arthrex this week on both questions: (1) whether there was an Appointments Clause defect and (2) if so, whether the Federal Circuit properly cured it. With respect to the first question, several of the Justices appeared skeptical that …

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U.S. v. Arthrex: Supreme Court Oral Argument

By Kevin E. Noonan — The Supreme Court heard argument on Monday in U.S. v. Arthrex, involving the question of whether appointment of Administrative Patent Judges (APJs) and their authority under the Leahy-Smith America Invents Act violates the Appointments Clause of the Constitution. Both the Government and Smith & Nephew, who lost this argument below, …

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Chicago Patent Attorneys File Supreme Court Amicus Brief in American Axle

Chicago patent attorneys Kevin E. Noonan, Michael S. Borella, Aaron V. Gin, and Adnan M. “Eddie” Obissi have filed an amicus brief supporting Supreme Court review of the Federal Circuit’s decision to invalidate claims of American Axle’s U.S. Patent No. 7,774,911 under 35 U.S.C § 101. The Attorneys (who are all Patent Docs authors or …

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Top Four Stories of 2020

By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 14th annual list of top patent stories. For 2020, we identified eight stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and …

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Top Stories of 2020: #5 to #8

By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 14th annual list of top patent stories. For 2020, we identified eight stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and …

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Report: 21M people could lose insurance if ACA is overturned

With a new nominee as the Supreme Court prepares to hear a case that could determine the future of the Affordable Care Act, the health law’s future has been thrown into question. According to the Robert Wood Johnson Foundation, the number of uninsured could increase by 70% if the ACA is overturned.

Supreme Court to Consider Constitutional Propriety of Appointment of PTAB Judges

By James Lovsin — Today, the Supreme Court granted petitions for a writ of certiorari to review the Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., in which the court of appeals held how administrative patent judges were appointed to the Patent Trial and Appeal Board (“PTAB”) violated the Appointments Clause of …

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The Food Industry’s “model of systemic dishonesty”

In 1993, the Harvard Nurses’ Health Study found that a high intake of trans fat may increase the risk of heart disease by 50 percent. That’s where the trans fat story started in Denmark, ending a decade later with a ban on added trans fats in 2003. It took another ten years before the United …

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Biden’s Nov 9th speech: “Don’t you force me to pass Medicare 4 All”

By MATTHEW HOLT The new Supreme Court, in all likelihood including just nominated Justice Amy Coney Barrett, will be hearing the California v Texas suit against the ACA on November 10th, seven days after the election. The lower courts have already ruled the ACA unconstitutional. Some hopeful moderates among my Democratic friends seem to believe …

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District judge blocks HHS rule that would end transgender health protections

A U.S. district judge blocked a rule by the Department of Health and Human Services that would end anti-discrimination provisions protecting transgender patients. In his decision, U.S. District Judge Frederic Block said that the rule violated a recent Supreme Court decision protecting LGBTQ workers’ rights.

Arthrex Files Certiorari Petition in Arthrex case

By Kevin E. Noonan — Arthrex recently filed a certiorari petition with the Supreme Court in Arthrex v. Smith & Nephew Inc. (a case related to Arthrex, Inc. v. Smith & Nephew, Inc., which has also the subject of petitions from the U.S. government and Smith & Nephew). The Questions Presented are: 1. Whether the …

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U.S. Government Petitions for Certiorari in Arthrex Case

By Kevin E. Noonan — Last fall, the Federal Circuit decided in Arthrex, Inc. v. Smith & Nephew, Inc. that Administrative Patent Judges (APJs) serving on the Patent Trial and Appeal Board (PTAB) were principal officers and thus had been improperly appointed under the Appointments Clause, and accordingly vacated a PTAB determination in an inter …

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Smith & Nephew File Certiorari Petition in Arthrex Case

By Kevin E. Noonan — While the Federal Circuit’s decision last fall in Arthrex, Inc. v. Smith & Nephew, Inc. raised issues about the appointment of Administrative Patent Judges (APJs) serving on the Patent Trial and Appeal Board (PTAB), it should be remembered that it also wiped out a PTAB decision in favor of Smith …

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THCB Gang Episode 17, LIVE 7/9 1PM PT/4PM ET

Episode 17 of “The THCB Gang” was live-streamed on Thursday, July 9th! Watch it below! Joining me were some of our regulars: patient advocate Grace Cordovano (@GraceCordovano), health economist Jane Sarasohn-Kahn (@healthythinker), WTF Health Host Jessica DaMassa (@jessdamassa), and guests: Tina Park, partner at Diagram (@diagramoffice) & Shannon Brownlee, Senior VP at the Lown Institute …

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