The Supreme Court - October 29, 2018

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On Friday afternoon, October 26, 2018, the Supreme Court of the United States granted certiorari in three cases:

Return Mail, Inc. v. USPS, No. 17-1594:  Whether the government is a “person” who may petition to institute review proceedings under the Leahy-Smith America Invents Act.

Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657:  Whether, under §365 of the Bankruptcy Code, a debtor-licensor's "rejection" of a license agreement which "constitutes a breach of such contract," 11 U .S.C. §365(g) – terminates rights of the licensee that would survive the licensor's breach under applicable non-bankruptcy law.

United States v. Haymond, No. 17-1672:  Whether the court of appeals erred in holding "unconstitutional and unenforceable" the portions of 18 U.S.C. §3583(k) that required the district court to revoke respondent's ten-year term of supervised release, and to impose five years of reimprisonment, following its finding by a preponderance of the evidence that respondent violated the conditions of his release by knowingly possessing child pornography.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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