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