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Supreme Court sides with Alabama company in patent dispute
Blog Updates |
2019/06/08 09:31
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The Supreme Court sided Monday with an Alabama technology company over the U.S. Postal Service in a patent dispute.
The dispute before the justices had to do with U.S. Patent No. 6,826,548. That's the patent Birmingham-based Return Mail has for a system that uses barcodes, scanning equipment and computer databases to process returned mail almost entirely automatically. The Postal Service initially expressed interest in Return Mail's invention but ultimately developed its own, similar system. That led to a dispute over the company's patent.
On Monday, the court sided 6-3 with Return Mail. Of the Postal Service's arguments, Justice Sonia Sotomayor deadpanned in an opinion : "None delivers."
The dispute began when the Postal Service tried and failed to get Return Mail's patent invalidated. Return Mail sued, arguing that the government should pay for using its invention without permission.
Just as Return Mail thought it might be gaining the upper hand, the Postal Service switched tactics, using a 2011 law to challenge Return Mail's patent. The Leahy-Smith America Invents Act says that a "person who is not the owner of a patent," can file a patent challenge using the law. The Postal Service argued it counted as a "person" under the law, but the Supreme Court disagreed. |
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Supreme Court rules for Alabama death row inmate
Blog Updates |
2019/03/01 11:16
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The Supreme Court is ordering a new state court hearing to determine whether an Alabama death row inmate is so affected by dementia that he can't be executed.
The justices ruled 5-3 on Wednesday in favor of inmate Vernon Madison, who killed a police officer in 1985. His lawyers say he has suffered strokes that have left him with severe dementia.
Chief Justice John Roberts joined the court's four liberals in siding with Madison.
The high court ruling is not the end of the case. Justice Elena Kagan says in her majority opinion that, if the state wants to put Madison to death, an Alabama state court must determine that Madison understands why he is being executed.
The justices have previously said the constitutional ban on cruel and unusual punishment means that people who are insane, delusional or psychotic cannot be executed.
But Kagan, reading a summary of her ruling, said, "Based on our review of the record, we can't be sure that the state court recognized that Madison's dementia might render him incompetent to be executed."
Justices Samuel Alito, Neil Gorsuch and Clarence Thomas, who last year would have allowed the execution to proceed without hearing the case, dissented. Justice Brett Kavanaugh was not yet on the court when arguments took place in early October. |
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Court: Constitutional ban on high fines applies to states
Blog Updates |
2019/02/22 02:09
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The Supreme Court ruled unanimously Wednesday that the Constitution's ban on excessive fines applies to the states, an outcome that could help efforts to rein in police seizure of property from criminal suspects.
Justice Ruth Bader Ginsburg wrote the court's opinion in favor of Tyson Timbs, of Marion, Indiana. Police seized Timbs' $40,000 Land Rover when they arrested him for selling about $400 worth of heroin.
Reading a summary of her opinion in the courtroom, Ginsburg noted that governments employ fines "out of accord with the penal goals of retribution and deterrence" because fines are a source of revenue. The 85-year-old justice missed arguments last month following lung cancer surgery, but returned to the bench on Tuesday.
Timbs pleaded guilty, but faced no prison time. The biggest loss was the Land Rover he bought with some of the life insurance money he received after his father died.
Timbs still has to win one more round in court before he gets his vehicle back, but that seems to be a formality. A judge ruled that taking the car was disproportionate to the severity of the crime, which carries a maximum fine of $10,000. But Indiana's top court said the justices had never ruled that the Eighth Amendment's ban on excessive fines — like much of the rest of the Bill of Rights — applies to states as well as the federal government.
The case drew interest from liberal groups concerned about police abuses and conservative organizations opposed to excessive regulation. Timbs was represented by the libertarian public interest law firm Institute for Justice.
"The decision is an important first step for curtailing the potential for abuse that we see in civil forfeiture nationwide," said Sam Gedge, a lawyer with the Institute for Justice.
Law enforcement authorities have dramatically increased their use of civil forfeiture in recent decades. When law enforcement seizes the property of people accused of crimes, the proceeds from its sale often go directly to the agency that took it, the law firm said in written arguments in support of Timbs. |
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Spain's courts put to test by trial of Catalan separatists
Blog Updates |
2019/02/08 01:56
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Spain is bracing for the nation's most sensitive trial in four decades of democracy this week, with a dozen Catalan separatists facing charges including rebellion over a failed secession bid in 2017.
The proceedings, which begin Tuesday, will be broadcast live on television and all eyes will be focused on the impartiality of the Spanish Supreme Court.
Catalonia's separatists have attacked the court's credibility in the run-up to the trial, saying it is a puppet of the Spanish government and any ruling will be a political one that has been decided in advance.
"In reality, it's democracy itself that will go on trial," Oriol Junqueras, one of the accused, wrote from jail in reply to questions sent by The Associated Press. "We are before a trial which, through a partial investigation full of falsities and irregularities, criminalizes a political option and an ideology."
But Supreme Court president Carlos Lesmes dismisses that notion, saying the trial is the most important since Spain's transition to democracy in 1977 after the death of dictator Gen. Francisco Franco.
"This is a trial following the highest standards set by the European Union," Lesmes recently told a group of journalists.
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NC high court sidesteps decision on tracking sex offenders
Blog Updates |
2019/02/01 11:04
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The North Carolina Supreme Court is brushing aside a rapist's appeal that he shouldn't be forced into a lifetime of electronic monitoring after serving his 41-year prison sentence.
The state's highest court on Friday let stand without comment that 50-year-old Darren Gentle must submit to GPS monitoring after his release, projected for 2048. Gentile was convicted in Randolph County in 2016 of violently raping a 25-year-old pregnant woman with whom he'd been taking drugs.
The court is still considering a separate case on whether forcing sex offenders to be perpetually tracked by GPS-linked devices is justified or is unreasonable search and violates the Constitution. The pending decision in Torrey Grady's case comes after the U.S. Supreme Court ruled that mandating GPS ankle monitors for ex-cons is a serious privacy concern.
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US presses ahead with border wall in court despite shutdown
Blog Updates |
2019/01/19 16:01
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A federal attorney in South Texas said in court this week that during the ongoing partial government shutdown, he only has been allowed to work on cases related to President Donald Trump’s proposed border wall.
The Texas Civil Rights Project on Thursday released a transcript of a Tuesday hearing in a case where the U.S. government has sued a local landowner for her property along the U.S.-Mexico border. Many other civil cases have been delayed during the shutdown, which was triggered by Trump’s demand for $5.7 billion to build a wall.
According to the transcript, U.S. District Judge Micaela Alvarez noted that government attorneys working on border wall cases have not been furloughed despite the shutdown.
The prosecutor, Eric Paxton Warner, responded, “This is all I’m allowed to work on, Your Honor.”
Warner and a spokeswoman for the local U.S. attorney’s office did not return messages. A spokesman for the Department of Justice says each U.S. attorney had the authority to determine which civil cases should move forward or be delayed, but that civil cases would be delayed “to the extent this can be done without compromising to a significant degree the safety of human life or the protection of property.”
U.S. Customs and Border Protection said last year that it planned to start building in February. But unlike on other parts of the border, most border land in South Texas is owned privately. That requires the government to seize it through eminent domain, suing private landowners in cases that can take months or years. Some landowners who would be affected have already vowed to fight the government in court.
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India's top court paves way for bars with dancers to reopen
Blog Updates |
2019/01/15 16:01
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India's Supreme Court on Thursday paved the way for the reopening of Mumbai's dance bars, which had been a nightlife staple in the country's entertainment capital until they were outlawed six years ago.
The court ruled that the bars featuring young women paid to wear sexy clothing and dance to Bollywood music no longer need to be more than a kilometer (half a mile) from religious sites, schools and colleges. It also scrapped plans to force the bars to have security cameras and a partition between bar rooms and dance floors.
There were some 700 dance bars in Mumbai and another 650 in other parts of Maharashtra state, employing 75,000 dancers, before the state government ordered them closed in 2012 on the grounds they corrupted young people.
The state government framed a new law in 2016 imposing stiff restrictions, but the hotel and restaurant owners found them to be unacceptable and petitioned the top court.
The court, however, accepted the state government's plea that the dance bars be allowed to stay open in Maharashtra state between 6:30 p.m. and 11:30 p.m. every day and not until 1:30 a.m. as demanded by the Bar Owners Association.
People at these bars can tip the dancers, but can't throw money at them as in the past, the court ruled.
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