US crime and patent rulings will have global impact

Abstract

Subject The US Supreme Court's rulings in RJR Nabisco v European Community and Cuozzo Speed Technologies v Lee. Significance On June 20, the Supreme Court ruled on two cases with implications for international corporate entities operating in the United States. In the first case, the European Community (EC) was blocked from recovering damages from RJR Nabisco, a tobacco conglomerate, under US anti-organised crime laws. In the patent case Cuozzo Speed Technologies v Lee, the defendant in a patent challenge lost his attempt to preclude an administrative review of the challenge, despite the possibility of inconsistent overlapping outcomes by both an administrative agency and the courts. Impacts US efforts to defend pharmaceutical IP in trade negotiations will hinder agreement with countries seeking cheaper generics. The Cuozzo ruling will prove a boon for US technology companies issuing regular patent challenges, such as Apple or Google. The RJR Nabisco ruling will limit US foreign policy complications stemming from private lawsuits by overseas regulators in US courts.