Skip to main content

U.S. Supreme Court

Filter by:

Employment, Labor, and Benefits Viewpoints Thumbnail

Will ‘Dobbs’ Advice Erode the Attorney-Client Privilege?

August 31, 2022 | Blog | By Jennifer Rubin, Greer Clem

Read more
Employment, Labor, and Benefits Viewpoints Thumbnail

Managing State Law Risks of Employer-Sponsored Abortion-Related Travel Benefits Post-Dobbs

August 8, 2022 | Blog | By Alden Bianchi, Greer Clem, Jennifer Rubin

Read more

ML Strategies Outlook: Federal Action Post-Dobbs Decision

July 25, 2022 | Blog | By Pamela Mejia, Ellen Janos, Kaitlyn Sprague

Read more
Health Care Viewpoints Thumbnail

Protecting Health Information Post Roe – Part 2: Steps for Health Care Providers

July 21, 2022 | Blog | By Cynthia Larose, Dianne Bourque

In this second of our two-part blog series on protecting health information post Roe, we discuss legal and practical strategies that health care providers can take to protect the information of their patients. State laws that restrict or criminalize abortions will require significant amounts of health information to enforce, putting new pressure on health care providers caught in the middle of  competing obligations to their patients and to regulatory and law enforcement authorities making lawful requests for this information.
Read more
Unintended downstream consequences are likely to abound in the wake of the June 24, 2022 Dobbs decision that overruled Roe v. Wade, as Mintz attorneys have addressed in other contexts. Those looking ahead have raised concerns about women’s continued access to the wide array of birth control options that have been approved for use in the United States by the Food and Drug Administration (FDA). This post provides a brief historical background on how OTC birth control pills have been regulated under the Federal Food, Drug, and Cosmetic Act and reviews the FDA's Additional Conditions for Nonprescription Use (ACNU) Proposed Rule.
Read more

Post-Dobbs Abortion-Related Travel Benefits: Surveying Employers’ Options

July 13, 2022 | Blog | By Alden Bianchi, Michelle Capezza, Patricia Moran

Dobbs impacts employer-sponsored group health plan coverage for abortion services in states where abortion is, or becomes, illegal, and abortion-related travel benefits.  While our earlier post focused on coverage of abortion and abortion-related travel services under a group health plan, and related ERISA preemption considerations, in this post Mintz attorneys Alden Bianchi, Michelle Capezza and Patricia Moran examine other approaches available to employers that seek to make these benefits available, such as HRAs, health FSAs, excepted benefit EAPs and HSAs.
Read more
Employment, Labor, and Benefits Viewpoints Thumbnail

Post-Dobbs – Government Agencies Seek to Provide Guidance

July 7, 2022 | Blog | By Mark Aspis, Alden Bianchi

Read more
Privacy & Thumbnail Viewpoints Thumbnail

Protecting Health Information Post Roe Part 1: Steps for Women

July 5, 2022 | Blog | By Dianne Bourque, Cynthia Larose

Much has been written about how existing privacy laws such as HIPAA are unhelpful to women in the wake of Dobbs vs. Jackon Women's Health Organization ruling. In the first of this two-part blog post series, the Mintz team breaks down the legal rights and practical strategies that women can use to protect their own information.
Read more
Employment, Labor, and Benefits Viewpoints Thumbnail

Group Health Plans in the Crossfire: Facilitating Reproductive Choice in the Wake of Dobbs v. Jackson Women’s Health

June 26, 2022 | Blog | By Alden Bianchi, Jennifer Rubin, Michelle Capezza, Corbin Carter, Michael Arnold

Read more
Patent Litigation Viewpoint Thumbnail

Supreme Court Hammers Final Nail in the IP Bridge v. TCL Coffin

July 2, 2021 | Blog | By Michael Renaud, Daniel Weinger

On Monday, the Supreme Court denied TCL Communication’s certiorari petition, without comment, appealing the Federal Circuit’s ruling that the essentiality of a patent claim is a question for the jury rather than judges to resolve during claim construction.  The denial of cert by the Supreme Court cements the Federal Circuit ruling which made proving infringement of standard essential patents easier by allowing reliance on the standard to show such infringement. 
Read more
Patent Litigation Viewpoint Thumbnail

Arthrex SCOTUS Ruling: The IPR Show Must Go On, Just with (a Bit) More Oversight

June 24, 2021 | Blog | By William Meunier, Brad M Scheller, Andrew DeVoogd

On Monday, in a highly-anticipated decision, a fractured Supreme Court issued its opinion in Arthrex v. Smith & Nephew, striking a portion of the America Invents Act (AIA) as unconstitutional—but providing an effectively toothless remedy.
Read more
Patent Litigation Viewpoint Thumbnail

Doctrine of Assignor Estoppel to be Reviewed by U.S. Supreme Court

February 25, 2021 | Blog | By Christina Sperry, Monique Winters Macek

On January 8, 2021, the U.S. Supreme Court agreed to hear a case calling for it to abolish or limit the doctrine of assignor estoppel. See Minerva Surgical, Inc. v. Hologic, Inc., et al., No. 20-440, 2021 WL 77248 (U.S. Jan. 8, 2021). Mintz previously discussed the Federal Circuit’s decision, which found assignor estoppel to be applicable.
Read more
Trademark Copyright Viewpoints Thumbnail
As we reported in our July 7, 2020 blog post on the USPTO v. Booking.com B.V decision, the U.S. Supreme Court ruled that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not automatically generic and can be protected as a trademark under certain circumstances.
Read more
IPRs and Other Post-Grant Porceedings Viewpoint Thumbnail

Fate of PTAB Judges and Decisions Now in Hands of Supreme Court

October 15, 2020 | Blog | By Michael Renaud, William Meunier, Monique Winters Macek

On October 13, 2020, the U.S. Supreme Court granted three petitions for writ of certiorari related to Arthrex v. Smith & Nephew addressing two issues that will determine the fate of PTAB judges and decisions.
Read more
Trademark Copyright Viewpoints Thumbnail
In a landmark decision, United States Patent and Trademark Office v. Booking.com B.V., the Supreme Court of the United States, by an 8-1 vote, affirmed the lower court’s determination that Booking.com could register BOOKING.COM as a trademark. 
Read more
Intellectual Property Viewpoints Thumbnail

PTAB Presses Pause On All Arthrex Remands

May 12, 2020 | Blog | By William Meunier, Daniel Weinger, Matthew Galica

On Friday, May 1, 2020, Chief Administrative Patent Judge Scott R. Boalick of the Patent Trial and Appeal Board (“PTAB”) paused all activity in the significant number of PTAB cases remanded to it from the Federal Circuit under Arthrex (discussed here). 
Read more
Trademark Copyright Viewpoints Thumbnail

Supreme Court Holds that States Cannot Copyright Annotated Versions of Their Statutes

April 29, 2020 | Blog | By Michael Graif, Meena Seralathan

On April 27, 2020, the Supreme Court held that annotations to legislative text, even if created by a private contracted party, are not copyrightable materials under 17 U.S.C. §101. Invoking the government edicts doctrine, the Court made explicit the notion that all members of government involved in lawmaking, including state legislators, are barred from being “authors” for purposes of copyright protection.
Read more
Trademark Copyright Viewpoints Thumbnail
In a unanimous decision, the US Supreme Court held that a trademark owner need not prove willful infringement in order to seek lost profits from a trademark infringer. The case, Romag Fasteners Inc. v. Fossil Inc. et al., case number 18-1233, involved a long running trademark infringement dispute between the parties.
Read more
Intellectual Property Viewpoints Thumbnail

SCOTUS holds that PTAB Time-Bar Determinations are Not Reviewable on Appeal

April 22, 2020 | Blog | By Michael Newman, Serge Subach

On Monday, in Thryv, Inc. v. Click-to-Cal Technologies, the Supreme Court held that § 315(b) time-bar determinations are not subject to judicial review. In this 7-2 decision penned by Justice Ginsburg, with Justices Gorsuch and Sotomayor dissenting, the Court determined that time-bar determinations are unreviewable because they are “closely tied” to the Director’s decision to institute an inter partes review (IPR).
Read more
Employment, Labor, and Benefits Viewpoints Thumbnail
Bringing positive news for employers and a welcome distraction from the COVID-19 crisis, the United States Supreme Court recently held that for claims of racial discrimination under 42 U.S.C. § 1981 (“Section 1981”), plaintiffs are obligated to meet the more stringent “but-for” causation standard at every stage of a lawsuit.
Read more
Sign up to receive email updates from Mintz.
Subscribe Now