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Supreme Court will hear Samsung-Apple patent dispute
Industry News | 2016/03/21 21:53
The Supreme Court has agreed to referee a pricy patent dispute between Samsung and Apple.
 
The justices said Monday they will review a $399 million judgment against South Korea-based Samsung for illegally copying patented aspects of the look of Apple's iPhone.
   
Apple, based in Cupertino, California, and Samsung are the top two manufacturers of increasingly ubiquitous smartphones.

The two companies have been embroiled in patent fights for years.

The justices will decide whether a court can order Samsung to pay Apple every penny it made from the phones at issue, even though the disputed features are a tiny part of the product.

The federal appeals court in Washington that hears patent cases ruled for Apple.

None of the earlier-generation Galaxy and other Samsung phones involved in the lawsuit remains on the market, Samsung said.

The case involved common smartphone features for which Apple holds patents: the flat screen, the rectangular shape with rounded corners, a rim and a screen of icons.

The case, Samsung v. Apple, 15-777, will be argued in the court's new term that begins in October.



Ferguson panel recommends police, court reform, transparency
Industry News | 2015/09/14 16:54
A reform panel formed after the Ferguson police shooting of Michael Brown is recommending the consolidation of the metro area's police departments and municipal courts, a newspaper reported Monday.

Gov. Jay Nixon and others have scheduled an afternoon news conference to release details of the Ferguson Commission report that has been 10 months in the making. But the St. Louis Post-Dispatch received a copy of the commission's 198-page report ahead of its official release.

"The law says all citizens are equal," the report's introduction states. "But the data says not everyone is treated that way."

The events in Ferguson raised concerns about police departments and municipal courts in that north St. Louis County town, but also elsewhere in the region. The departments and courts have been accused of targeting minorities to raise revenue, leading to the mistrust that was a key component of the unrest following Brown's death.

In addition to court and police department consolidation, the commission recommends changes in several other areas to address social and economic divisions highlighted since the shooting. The 16-person commission suggested establishing a statewide, publicly accessible database to track police shootings and developing a statewide plan to deal with mass demonstrations that focuses on preserving life.

It recommends establishing school-based healing centers to address behavioral and health issues.

The commission was established in November during the unrest that followed the fatal shooting in August of Brown, 18, who was black and unarmed, by Ferguson officer Darren Wilson. A St. Louis County grand jury and the U.S. Department of Justice declined to prosecute Wilson, who is white, but the shooting spurred a national "Black Lives Matter" movement and led to protests and rioting in and around Ferguson.

The commission put forth 189 "calls to action," including many previously made publicly available.



Wife says Chinese rights lawyer being denied legal counsel
Industry News | 2015/07/20 09:24
A prominent Chinese rights lawyer whose trial is drawing near on charges of inciting ethnic hatred and provoking trouble has been denied access to lawyers for nearly a month, his wife and one of his attorneys said Monday.

Meng Qun, wife of Pu Zhiqiang, raised the concern in an open letter addressed to the leadership of the Beijing detention center where her husband is being held, urging authorities to honor China's own rules to allow Pu access to lawyers.

One of Pu's attorneys, Shang Baojun, confirmed that Pu last met his lawyers on June 23 and verified the authenticity of Meng's letter.

Pu is widely believed to be politically persecuted amid Beijing's crackdown on civil society. The charges stem from his online posts that questioned China's ethnic policies in the wake of deadly violence involving ethnic minority Uighurs, and others that mocked several political figures.

He was taken away in May 2014 and was indicted on May 15 this year, after one year in detention.

Shang said he expects a Beijing court to hold Pu's trial soon, because by law Chinese courts have three months from the indictment to hold a trial and issue a verdict, but the authorities have not yet announced a date.


Bryant tells court it should affirm same-sex marriage ruling
Industry News | 2015/07/05 14:07
Gov. Phil Bryant remains opposed to the U.S. Supreme Court ruling legalizing same-sex marriage nationwide, but he’s stopping his court fight against it.

In a letter Wednesday, Bryant’s lawyer asks the 5th U.S. Circuit Court of Appeals to return a Mississippi gay marriage lawsuit to U.S. District Judge Carlton Reeves in Jackson. That would allow Reeves to enter a final ruling aligned with the Supreme Court decision.

Reeves overturned Mississippi’s gay marriage ban last year, but put his ruling on hold. The appeals court also put a hold on Reeves’ ruling.

Those procedural blocks need to be lifted, but most Mississippi counties are already issuing marriage licenses to same-sex couples.

Lawyers for plaintiffs want judges to act before July 4, to “celebrate the promise of liberty and freedom for all.”


Huguely files appeal request with U.S. Supreme Court
Industry News | 2015/06/20 15:04
A former University of Virginia lacrosse player is taking his last shot at overturning his conviction for the 2010 murder of his former girlfriend.

Counsel for George Huguely V has filed a petition with the U.S. Supreme Court seeking a judicial review of the case against their client. Huguely was convicted in 2012 of the second-degree murder of Yeardley Love, also a UVa student and member of the women’s lacrosse team, for which he was sentenced to 23 years in prison.

Huguely, now 27, has since appealed the conviction on the grounds that his Sixth Amendment rights were violated when one of his two attorneys fell ill and could not be present in the courtroom nine days into his trial. Though his other attorney said he would be able to continue, Huguely asked the judge to delay the case until both of his attorneys could be present, but that request was denied.

Counsel for Huguely has argued that their client’s right to competent assistance was violated when he could not have both lawyers present in the courtroom. The petition filed Friday asks the court to “reaffirm the core of the Sixth Amendment right of a criminal defendant to have his choice of counsel by his side throughout the trial proceedings.”

“[Huguely’s] distinct interest in receiving not just competent assistance, but assistance from both his counsels of choice was given no weight,” the petition states.



Appeals court sides with tribes in fight over land decisions
Industry News | 2015/06/05 00:25
In a victory for Native American tribes, an appeals court ruled Thursday that states cannot use negotiations for a Native American casino to challenge the federal government's decisions to recognize a tribe and set aside land for it.

An 11-judge panel of the 9th U.S. Circuit Court of Appeals said states have to use a separate process to contest those decisions and have a window of six years to file their challenge.

The decision removes the uncertainty many tribes faced about their land status after a smaller 9th Circuit panel reached a different conclusion, said Joe Webster, a partner with the Washington, D.C.-based law firm of Hobbs Straus Dean & Walker who was closely watching the case.

"This is certainly an important decision for tribes," he said.

The ruling came in a fight between California and the Humboldt County-based Big Lagoon Rancheria over the tribe's plan for a Las Vegas-style casino.

The tribe accused the state in a lawsuit of failing to negotiate a casino deal in good faith, and largely won its case in federal district court. A call to the state attorney general's office for comment about Thursday's ruling wasn't immediately returned.



Court: State can’t order unions, companies to reach binding contracts
Industry News | 2015/05/18 11:26
A California appeals court sided with one of the largest fruit farms in the nation, ruling that a law allowing the state to order unions and farming companies to reach binding contracts was unconstitutional.

Labor activists say the mandatory mediation and conciliation law is a key to helping farm workers improve working conditions.

However, the 5th District Court of Appeal said Thursday it does not clearly state the standards that the contracts are supposed to achieve.

The ruling came in a fight between Gerawan Farming and the United Farm Workers, the union launched by Cesar Chavez. The union won the right to represent Gerawan workers in 1992, but the two sides did not agree to a contract.

At the union’s request, the state Agricultural Labor Relations Board in 2013 ordered Gerawan and the UFW to enter into binding mediation. The two sides couldn’t come to an agreement so a deal was crafted by the mediator and adopted by the labor relations board, the appeals court said. Gerawan objected to the terms.


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