SCOTUSblog By Aurora Barne on Feb 1, 2019
This week we highlight petitions pending before the Supreme Court that address what a plaintiff must prove to be entitled to patent damages based on the entire market value of a product; the constitutionality of appointing a labor union to represent and speak for nonmember, public-sector employees; and the proper way to assess prejudice under Strickland v. Washington.
The petitions of the week are:
Uradnik v. Inter Faculty Organization
18-719
Issue: Whether it violates the First Amendment to appoint a labor union to represent and speak for public-sector employees who have declined to join the union.
Washington v. Alabama
18-742
Issue: Whether, under Strickland v. Washington, a court assessing the prejudice resulting from trial counsel’s errors should consider each error in isolation or should consider the cumulative effect of the errors.
Power Integrations Inc. v. Fairchild Semiconductor International Inc.
18-779
Issue: Whether a plaintiff who proves that a patented feature creates the basis for customer demand for infringing products is entitled to patent damages based on the entire market value of the products, or whether the plaintiff must also prove that other features do not drive demand for the products.
More:
https://www.scotusblog.com/