Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Jacob Rozen: Marathon Patent Group Completes $200M Capital Raise (Source: CoinGeek) Mike Wuerthele: Apple Denied New VirnetX FaceTime Patent Trial (Source: Apple Insider) Charlie Taylor: Irish Patent Firm in Multimillion Dollar Settlement with Tech Giants (Source: The Irish Times) Dave Simpson: Both Sides Ask Albright For COVID Delay In HEB Patent Trial (Source: Law 360) Mitchell Clark: Apple Patents Point to Using your MacBook to Wirelessly Charge Your iPh...
Tags: Apple, Law, Uspto, Facetime, Patent, Irish Times, Charlie Taylor, Mitchell Clark, Dave Simpson, Bits and Bytes, Juvan Bonni, Jacob Rozen, CoinGeek Mike Wuerthele, Journal Articles, Agatha H Liu, Cynthia M Ho

University Accommodations for Admissions

A post-secondary education, for most Canadians, is a gateway and a pre-requisite to a better future. Additional education is especially important during difficult economic times, in particular after the loss of a job. In 2011, Statistics Canada concluded a long-term impact study on post-secondary education, concluding that those who obtained this education found a $7,000 increase in annual salary. This held true even for those who lost their jobs due to the 2008 recession, for most of the partic...
Tags: Law, Court, University, Canada, Universities, Court of appeal, Tribunal, Disabilities, Waterloo, Dunsmuir, University of Waterloo, Statistics Canada, Ontario Court of Appeal, Dalhousie, Substantive Law: Judicial Decisions, Divisional Court

Ratio of median debt of law school graduates to their median income

Another interesting study from Professor Derek Muller (Iowa). [Author: Brian Leiter]
Tags: Law, Brian Leiter, Derek Muller Iowa

Impeachment the Second Time Around

Does practice make perfect? Here is the Impeachment Resoulution now circulating in the House of Representatives. The charge (Article I): Incitement of Insurrection. The alleged misconduct: Willfully inciting violence against the Government of the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Tags: Law

At the Bird's Nest Café...

  ... you can talk all night. Talk about whatever you like, especially stuff that doesn't fit in the various posts of the day, whatever they were. What could be talked about? I'm thinking... maybe you can offer some topics. See if you can get people to answer your questions. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Lake Mendota, Ann Althouse

PGA Pulls Championship From Trump Golf Course

The consequences to Donald Trump and the Trump Organization from last week's Capitol riot keep pouring in. Sunday night, the PGA announced it is terminating its contract with the Trump Organization to host its 2002 championship at Trump's... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Tags: Law, Pga, Donald Trump, Trump, Capitol, Trump Organization

Montana Supreme Court talks through juve LWOP resentencing after Miller

This past Friday, the Montana Supreme Court handed down a notable ruling (with lots of opinions) on the application of the US Supreme Court's juvenile LWOP sentencing jurisprudence and related issues.  The main opinion and various concurring and dissenting opinions in Montana v. Keefe, No. 2021 MT 8 (Mont. Jan. 8, 2021) (available here), all make for interesting reads.  Here are some of the essentials from the majority opinion:  We agree with the Briones court that post-offense evidence of reha...
Tags: Law, Montana, US supreme court, Miller, District Court, Keefe, Montana Supreme Court, Briones, Douglas A Berman, LWOP

"Racial Justice Requires Ending the War on Drugs"

The title of this post is the title of this new article authored by Brian Earp, Jonathan Lewis and Carl Hart along with with Bioethicists and Allied Professionals for Drug Policy Reform  in the American Journal of Bioethics. Here is its abstract: Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities.  We are a group of bioethicists, drug experts, legal scholars, criminal justice res...
Tags: Law, Douglas A Berman, Carl Hart, Brian Earp Jonathan Lewis, American Journal of Bioethics Here

45L Energy Efficient Home Tax Credit Extended for 2021 by Covid Relief Bill

The Consolidated Appropriations Act, 2021, H.R. 133, signed into law by President Trump on December 27th, extended the 45L energy efficient home $2,000 tax credit, which had been scheduled to expire last year, to cover qualified new energy efficient homes sold or leased through 2021. And yes, regular readers of this blog will notice that I am writing about the same Act of Congress I posted about last week, but the $2.3 trillion, 5,593 page bill, the second largest ever passed by Congress, provid...
Tags: Energy, Maryland, Law, Congress, Washington Dc, SEC, Green Building, Trump, Federal, Stuart Kaplow, California Arizona, LEED, Green Globes, IgCC, Green Building Law, Kaplow

Object lesson.

I've always hesitated to use the phrase "object lesson." I do use it, and I want to be able to use it, but it nags at me that I might not use it correctly. This morning in a post that was to some extent about misreading, somebody misunderstood me, and I wanted to thank him for the "object lesson."  Because I took the trouble to research the phrase, I ended up writing "Thanks for providing such a striking example of the problem." Not that I figured out it would be wrong to say "Thanks for the o...
Tags: Education, Law, Wikipedia, Snow, Language, Nyt, Biking, Pigs, Paul Krugman, Ann Althouse, Misreadings, Pestalozzi, Anschauung, Johann Heinrich Pestalozzi

This week at the court

On Monday, the court will release additional orders from the Jan. 8 conference at 9:30 a.m. The justices will hear oral argument in Pham v. Guzman Chavez at 10 a.m. On Tuesday, the justices will hear oral argument in Uzuegbunam v. Preczewski at 10 a.m. On Wednesday, the justices will hear oral argument in AMG Capital v. Federal Trade Commission at 10 a.m. On Thursday, there is a possibility of opinions at 10 a.m. On Friday, the justices will hold their January 15 conference. The post This week a...
Tags: Law, Federal Trade Commission, Pham, This Week at the Court, Uzuegbunam, Preczewski, Guzman Chavez, AMG Capital

New Op-Ed: People Who Understand Section 230 Actually Love It

[Published in the San Jose Mercury-News, January 10, 2021] Section 230, which says that websites aren’t liable for third-party content, has developed an increasingly bad reputation. In December, Pres. Trump vetoed a critical $740 billion military funding bill because Congress didn’t include a repeal of Section 230. Other DC insiders have criticized Section 230 as facilitating online “censorship” or a “gift” to Big Tech. Not surprisingly, after the withering criticism our elected politicians ha...
Tags: Law, Congress, Wikipedia, Dc, Knight Foundation, Gallup, Eric Goldman, Content Regulation, Derivative Liability, COVID, Knight Gallup

"I grew up in the ruins of a country that suffered the loss of its democracy..."

My message to my fellow Americans and friends around the world following this week's attack on the Capitol.— Arnold (@Schwarzenegger) January 10, 2021 [Author: [email protected] (Ann Althouse)]
Tags: Law, Nazis, Capitol, Schwarzenegger, Ann Althouse, the Trump resistance

Supreme Court will hear Assignor Estoppel Case

Minerva Surgical Inc. v. Hologic Inc. (Supreme Court 2021) The Supreme Court has granted certiorari in this case involving the traditional doctrine of assignor estoppel. Question Presented by Minerva: The question is whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits. Question Presented by Hologic: The question presented is whether the longstanding common-law doctrine ...
Tags: Supreme Court, Law, Patent, PTO, Lear, Federal Circuit, Adkins, Stoll, Hologic, Lemley, Minerva Surgical Inc, Hologic Inc Supreme Court, Licensee Estoppel Licensee, Assignor Estoppel See e g Coastal Dynamics Corp, SymbolicDisplays Inc

The many voices of Paul McCartney.

May I recommend this highly detailed episode of "The Beatles Naked" podcast? I'm not yet half way through, but I'm so impressed with the analysis. There's so much of it! With the music played, so you can judge for yourself. I was interested, for example, in the discussion of the emotional effect of any slightly out-of-tune singing. Is it "soulful"? And has our experience of it changed over the years as present-day music is electronically tuned to perfection?And is it the case that there is a son...
Tags: Law, Bono, Wikipedia, Paul Mccartney, Charles Manson, Marilyn Manson, Beatles, Kurt Cobain, Trump, PAUL, Charlie, Manson, U S Capitol, Ann Althouse, the Trump resistance

Bring us the head of Hans Christian Heg!

The Wisconsin State Journal reports:  A criminal complaint charged Rodney A. Clendening, 34, of Beloit, with felony theft after police said they identified him as the driver of a car into which the head of the abolitionist statue was placed on June 23, after a group of people, using another vehicle to assist them, pulled down the statue of Heg during a destructive night Downtown.  According to the complaint against Clendening.... He walked toward the Heg plinth, just out of the camera’s view, a...
Tags: Crime, Law, Ford, Nissan, Wilson, Blair, Beloit, Clendening, Wisconsin State Journal, John Nolen, Ann Althouse, Wisconsin protests, Destruction Of Art, Hans Christian Heg, Heg, Rodney A Clendening

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. PROCÉDURE CIVILE Ayant fait l’objet d’une dénonciation sur les pages Facebook et Instagram «Dis son nom», créées dans la foulée d’une vague de dénonciations d’actes à caractère sexuel, le demande...
Tags: Facebook, Law, Canada, La Cour, Summaries Sunday, SOQUIJ, Québec Department of Justice, Facebook et Instagram, Juge Martin

If Trump knew there was a plan to storm the Capitol building, then his speech to the crowd was an incitement, even though he never told the crowd to commit any act of violence.

2 days ago, I read Trump's speech looking for any language that could support the claim that he incited the crowd to storm the Capitol. I wrote a post listing the 7 most violence-inducing statements. They're about fighting and showing strength and never giving up, but they're all consistent with an idea of having a big, traditional street protest — with lots of people marching and displaying their passion for the cause through big numbers, determined-looking faces, and lots words on signs and in...
Tags: Instagram, Law, Fbi, Evidence, Trump, Capitol, capital Police, Ann Althouse, Trump rhetoric, Bob Boyd, US Capitol Police, Proud Boys, the Trump resistance, Putsch

Why it's time to stop pursuing happiness

Positive thinking and visualising success can be counterproductive – happily, other strategies for fulfilment are availableLike many teenagers, I was once plagued with angst and dissatisfaction – feelings that my parents often met with bemusement rather than sympathy. They were already in their 50s, and, having grown up in postwar Britain, they struggled to understand the sources of my discontentment at the turn of the 21st century.“The problem with your generation is that you always expect to b...
Tags: Psychology, Science, Life and style, Society, Mental Health, Depression, Anxiety, Britain, Health & wellbeing, Happiness indices

Kevin Lane publishes book in hope of overturning murder conviction

53-year-old received life sentence for murdering Robert Magill in 1994 but hopes publication will shed more light on his case A man serving a life sentence for a controversial hitman murder committed nearly 30 years ago has taken the unusual step of publishing a book from inside prison with fresh evidence which he hopes will lead to his conviction being overturned.With his book titled Fitted Up and Fighting Back, Kevin Lane believes he can finally prove his innocence of the contract shooting of ...
Tags: Law, UK News, Hertfordshire, Kevin Lane, Robert Magill

UK ministers face legal action over lack of abortion services in Northern Ireland

Exclusive: government accused of failing to ensure access more than a year after terminations legalisedNorthern Ireland’s human rights commission (NIHRC) has launched a landmark legal action against the UK government for its failure to commission safe and accessible abortion services more than a year after abortion was made legal in the country, the Guardian can reveal.The Northern Ireland secretary, Brandon Lewis, is accused of unlawfully denying the rights of women in the country, who experts ...
Tags: Health, UK, Women, Society, UK News, Ireland, Northern Ireland, Health policy, Abortion, Northern Irish politics, Department of Health Continue, Brandon Lewis, NIHRC

In Memoriam: David Dolinko (1948-2020)

MOVING TO FRONT FROM DECEMBER 31--UPDATED Emeritus at UCLA, where he spent his entire career (and earned both his J.D. and Ph.D. in philosophy), Professor... [Author: Brian Leiter]
Tags: Law, Ucla, Brian Leiter, David Dolinko

Now we have the coronavirus vaccine, how soon can we get back to normal life?

The government has ordered sufficient doses to inoculate the entire population of the UK against Covid-19 but we are in for a long haulCoronavirus – latest updatesSee all our coronavirus coverageWhen will the Covid-19 vaccine begin to have an effect on the nation?The government has pledged to offer vaccines to 15 million people – the over-70s, healthcare workers and those required to shield by mid-February, and millions more by spring. This should slowly bring the virus under control although it...
Tags: Health, UK, Science, Biology, Society, UK News, Medical Research, Infectious Diseases, Microbiology, Vaccines and immunisation, Coronavirus

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