Supreme Court's 2006 Term for Bidness Law
The U.S. Supreme Court finished its 2006 Term on June 28, 2007. For business trial lawyers and their clients, the key decisions included these -- all of which plaintiffs lost:
- Bell Atlantic Corp. v. Twombly -- pleading antitrust conspiracy
- Philip Morris USA v. Williams Estate -- punitive damages for harm to third parties
- KSR Int'l Co. v. Teleflex, Inc. -- patent law's obviousness doctrine
- Weyerhauser Co. v. Ross-Simmons Hardwood Lumber Co. -- antitrust liability for predatory buying
- MedImmune, Inc. v. Genentech, Inc. -- standing to sue for patent declaratory judgment
- Microsoft Corp. v. AT&T Corp. -- application of patent law to imports of Windows
- Credit Suisse Securities (USA) LLC v. Billing -- securities regulation as exempting IPO clubs from antitrust law
- Leegin Creative Leather Products v. PSKS, Inc. -- rule of reason treatment of minimum resale price maintenance under antitrust law
- Tellabs, Inc. v. Makor Issues & Rights, Ltd. -- pleading "strong inference" of scienter in securities cases
Better luck next Term?
Barry Barnett
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