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High court ruling limits international reach of patent laws
Lawyer News |
2017/02/23 08:55
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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. |
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Court: Florida Docs Allowed to Ask Patients About Guns
Lawyer News |
2017/02/21 08:56
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A federal appeals court has cleared the way for Florida doctors to talk with patients about whether they own guns.
The 11th U.S. Circuit Court of Appeals ruled Thursday that key provisions of a 2011 law that restricted such speech violate the First Amendment.
Three-judge panels of the same court had issued conflicting rulings in a long-running challenge to the law brought by 11,000 medical providers and others. The case has become known as Docs vs. Glocks.
Backed by Gov. Rick Scott, the law prohibited doctors from asking patients about gun ownership unless it was medically necessary. Doctors say asking about guns is a safety issue and could save lives.
While ruling that much of the law violates free-speech rights, the court said some parts could remain in place. |
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Court appeals temporarily delay Texas execution
Lawyer News |
2017/01/27 16:25
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Texas prison officials temporarily delayed the scheduled Thursday night execution of a man convicted of a fatal robbery at a Dallas-area sandwich shop while the U.S. Supreme Court considered multiple appeals to keep him from lethal injection.
Terry Edwards remained in a small cell near the Texas death chamber. A Texas Department of Criminal Justice spokesman, Jason Clark, described him as apprehensive.
The court order setting his punishment gave prison officials a six-hour window to carry out the execution. The order expires at midnight and Texas would not move forward with the punishment if the appeals were not resolved by then.
Evidence showed Edwards worked at the restaurant but was fired a few weeks earlier for stealing from the cash register. An employee and the store manager were killed in the $3,000 holdup in Balch Springs, about 15 miles southeast of downtown Dallas.
Edwards, 43, would be the second prisoner executed this year in Texas, the third nationally. |
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Top court reviews free speech case of man's anti-police rap
Lawyer News |
2017/01/24 16:24
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Pennsylvania's highest court is reviewing the conviction of a Pittsburgh man for making threats against police in a rap song after he was charged with drug offenses.
The Supreme Court on Monday said it would take up an appeal by Jamal Knox, who argues his song, which was briefly posted online, is protected by the right to free speech. Knox wants the court to set aside his convictions for witness intimidation and making terroristic threats.
"Just because a police officer arrests you, doesn't mean you are stripped of any free speech ability to say, 'Wait a minute, that officer did me wrong, and here's why I think so,'" Knox's lawyer Patrick K. Nightingale said Tuesday.
The Allegheny County district attorney's office, which declined comment for this story, told Superior Court last year the song "was not mere political hyperbole but, rather, the sort of 'true threat' that is not protected by the First Amendment."
The case began with an April 2012 traffic stop in the city's East Liberty section, when Knox, now 22, drove away after telling an officer he did not have a valid driver's license. Following a chase in which he hit a parked car and a fence, police found 15 bags of heroin and $1,500 on Knox and a stolen, loaded gun in the vehicle.
Seven months later, an officer came across the video online, performed by Knox under the name "Mayhem Mal" of the "Ghetto Superstar Committee" with co-defendant Rashee Beasley ? and accompanied by photos of them both. Knox and Beasley posted another video in which they said they wrote the song.
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