|
|
|
High court ruling limits international reach of patent laws
Legal Center |
2017/02/22 09:24
|
The Supreme Court on Wednesday sided with California-based Life Technologies Corp. in a patent infringement case that limits the international reach of U.S. patent laws.
The justices ruled unanimously that the company's shipment of a single part of a patented invention for assembly in another country did not violate patent laws.
Life Technologies supplied an enzyme used in DNA analysis kits to a plant in London and combined it with several other components to make kits sold worldwide. Wisconsin-based Promega Corp. sued, arguing that the kits infringed a U.S. patent.
A jury awarded $52 million in damages to Promega. A federal judge set aside the verdict and said the law did not cover export of a single component.
The federal appeals specializing in patent cases reversed and reinstated the verdict.
Patent laws are designed to prevent U.S. companies from mostly copying a competitor's invention and simply completing the final phase overseas to skirt the law. A violation occurs when "all or a substantial portion of the components of a patent invention" are supplied from the United States to a foreign location.
Writing for the high court, Justice Sonia Sotomayor said the law addresses only the quantity of components, not the quality. That means the law "does not cover the supply of a single component of a multicomponent invention," Sotomayor said.
Only seven justices took part in the ruling. Chief Justice John Roberts heard arguments in the case, but later withdrew after discovering he owned shares in the parent company of Life Technologies. |
|
|
|
|
|
|
Supreme Court nominee has defended free speech, religion
Legal Center |
2017/02/12 00:30
|
Supreme Court nominee Neil Gorsuch has been a defender of free speech and a skeptic of libel claims, an Associated Press review of his rulings shows. His record puts him at odds with President Donald Trump's disdain for journalists and tendency to lash out at critics.
On other First Amendment cases involving freedom of religion, however, Gorsuch's rulings in his decade on the 10th U.S. Circuit Court of Appeals in Denver reflect views more in line with the president and conservatives. Gorsuch repeatedly has sided with religious groups when they butt up against the secular state.
In a 2007 opinion involving free speech, Gorsuch ruled for a Kansas citizen who said he was bullied by Douglas County officials into dropping his tax complaints. "When public officials feel free to wield the powers of their office as weapons against those who question their decisions, they do damage not merely to the citizen in their sights but also to the First Amendment liberties," Gorsuch wrote. |
|
|
|
|
|
|
Kenya court blocks closing of world's biggest refugee camp
Legal Center |
2017/02/10 00:30
|
A Kenyan court ruled Thursday that the government must not close the world's largest refugee camp and send more than 200,000 people back to war-torn Somalia, a decision that eases pressure on Somalis who feared the camp would close by the end of May.
Kenya's internal security minister abused his power by ordering the closure of Dadaab camp, Judge John Mativo said, adding that the minister and other officials had "acted in excess and in abuse of their power, in violation of the rule of law and in contravention of their oaths of office."
Rights groups Amnesty International, Kituo cha Sheria and the Kenyan National Commission on Human Rights had challenged the government's order to close the camp, which has operated for more than a quarter-century.
Kenya's government quickly said it will appeal the ruling. "Being a government whose cardinal responsibility is first to Kenyans, we feel this decision should be revoked," spokesman Eric Kiraithe said.
The judge called the order discriminatory, saying it goes against the Kenyan constitution as well as international treaties that protect refugees against being returned to a conflict zone.
President Uhuru Kenyatta's government has not proved Somalia is safe for the refugees to return, the judge said, also calling the orders to shut down the government's refugee department "null and void."
Somalia remains under threat of attacks from homegrown extremist group al-Shabab. Some Kenyan officials have argued that the sprawling refugee camp near the border with Somalia has been used as a recruiting ground for al-Shabab and a base for launching attacks inside Kenya. But Kenyan officials have not provided conclusive proof of that.
|
|
|
|
|
|
|
Supreme Court considers suit over 2001 detention of Muslims
Legal Center |
2017/01/14 17:55
|
Ahmer Abbasi speaks softly as he describes the strip searches, the extra shoves, the curses that he endured in a federal jail in Brooklyn following the Sept. 11 attacks.
"I don't think I deserved it," Abbasi said during a telephone interview with The Associated Press from his home in Karachi, Pakistan.
Abbasi's quiet, matter-of-fact tone belies his determination, even after 15 years, to seek justice in American courts — provided the Supreme Court will let him.
The justices on Wednesday are hearing an appeal from former Attorney General John Ashcroft, former FBI Director Robert Mueller and other former U.S. officials that seeks to shut down the lawsuit that human rights lawyers have filed on behalf of Abbasi and others over their harsh treatment and prolonged detention.
"Somebody has to be accountable, somebody has to be responsible," said Abbasi, 42, who works in real estate in Pakistan.
The former officials, including the top immigration enforcement officer and the warden and deputy warden at the New York City jail, say it should not be them.
"Senior government officials should not be regularly second-guessed by lawsuits seeking money damages from them in their personal capacity," said Richard Samp, chief counsel at the Washington Legal Foundation and author of a brief from four former attorneys general.
Abbasi was among more than 80 men who were picked up in the days and weeks following Sept. 11 on immigration violations. Until then, he said he had been "living the American dream" since coming from Pakistan in 1993. He was living in Jersey City, New Jersey, across the river from Manhattan and driving a taxi in New York.
|
|
|
|
|
|
|
Airport shooting suspect due for Florida court appearance
Legal Center |
2017/01/10 16:35
|
The Iraq war veteran accused of fatally shooting five people and wounding six at a crowded Florida airport baggage claim is due for his first court appearance.
Esteban Santiago is scheduled to be in Fort Lauderdale federal court Monday morning. The 26-year-old from Anchorage, Alaska, faces airport violence and firearms charges that could mean the death penalty if he's convicted.
The initial hearing Monday is likely to focus on ensuring Santiago has a lawyer and setting future dates. Santiago has been held without bail since his arrest after Friday's shooting at Fort Lauderdale-Hollywood International Airport.
The FBI has says Santiago flew on a one-way ticket from Alaska to Florida with a handgun in his checked bag. Agents say he retrieved the gun and emerged from an airport bathroom firing.
|
|
|
|
|
|
|
Supreme Court rejects appeal from flight-sharing company
Legal Center |
2017/01/09 16:34
|
The Supreme Court won't hear an appeal from a company that wants to offer flight-sharing services using a model similar to Uber.
The justices on Monday left in place a lower court ruling that said Boston-based Flytenow could not operate a website that connected private pilots with passengers willing to share fuel costs and other flight expenses.
The Federal Aviation Administration shut down the website in 2015 after finding that the service violated flight regulations.
Cost-sharing arrangements have long been allowed through word of mouth, bulletin boards and email. But the FAA said using a website was like advertising and subjected those pilots to the same elaborate safety regulations as commercial airlines.
Flytenow argued that it was applying modern technology to a practice that has been around for decades. |
|
|
|
|
|
Lawyer News RSS Feed
