Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 19th century (1)
- 20th century (1)
- Abstractness and inventive concept test (1)
- Alice v. CLS (1)
- Antitrust (1)
-
- Cartels (1)
- Case law (1)
- Competition (1)
- DDR Holdings v. Hotels.com (1)
- Diamond v. Diehr (1)
- Enforcement (1)
- Federal Trade Commission (1)
- Federal Trade Commission Act (1)
- Immunity (1)
- Intangible process claims (1)
- Inventive application (1)
- Le Roy v. Tatham (1)
- Legislative history (1)
- Mayo v. Prometheus (1)
- Parker v. Brown (1)
- Parker v. Flook (1)
- Patent eligibility test (1)
- Preemption (1)
- Sherman Act (1)
- State-action immunity (1)
- Supreme Court of the United States (1)
Articles 1 - 2 of 2
Full-Text Articles in Legal History
State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester
State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester
Michigan Law Review
The state-action immunity doctrine of Parker v. Brown immunizes anticompetitive state regulations from preemption by federal antitrust law so long as the state takes conspicuous ownership of its anticompetitive policy. In its 1943 Parker decision, the Supreme Court justified this doctrine, observing that no evidence of a congressional will to preempt state law appears in the Sherman Act’s legislative history or context. In addition, commentators generally assume that the New Deal court was anxious to avoid re-entangling the federal judiciary in Lochner-style substantive due process analysis. The Supreme Court has observed, without deciding, that the Federal Trade Commission might …
Before Mayo & After Alice: The Changing Concept Of Abstract Ideas, Magnus Gan
Before Mayo & After Alice: The Changing Concept Of Abstract Ideas, Magnus Gan
Michigan Telecommunications & Technology Law Review
Mayo v. Prometheus and Alice v. CLS are landmark Supreme Court decisions which respectively introduced and then instituted a new, two-step patent-eligibility test. Step One tests the patent claims for abstractness, while Step Two tests for inventive application. This new test was so demanding that in the one-year period after Alice was decided, over 80 percent of all challenged patents had one or more claims invalidated. In fact, at the Federal Circuit over the same time period, only one recorded case of a successful Alice defense exists—DDR Holdings v. Hotels.com. This note explains DDR’s success as an inconsistency …